It would appear that some landlords are still failing to adhere to the Regulations regarding tenancy deposits and it is costing them dearly. In a recently reported appeal decision where the landlord had failed to lodge the deposit of £625 with a recognised scheme, the decision of the First Tier Tribunal was upheld and the landlord was ordered to pay £1,875 to the tenant.
In terms of the Tenancy Deposit Schemes (Scotland) Regulations 2011, landlords must register the deposit, and provide the tenant with information regarding the deposit, within 30 working days of the tenancy starting.
The information landlords require to give a tenant is as follows:
- the amount of the deposit and the date the landlord received it
- the date the deposit was paid into the scheme
- the address to which the deposit relates
- the landlord’s registration details
- the name and contact details of the tenancy deposit scheme used
- the conditions in which part or all of the deposit may be retained at the end of the tenancy (these conditions also need to be in the tenancy agreement).
There are 3 approved schemes: MyDeposits Scotland, Safe Deposits Scotland and Letting Protection Service Scotland.
If a landlord doesn’t register a deposit, then a tenant can apply to the First-Tier Tribunal for Scotland Housing and Property Chamber and the landlord can be ordered to pay the tenant up to three times the amount of the deposit.