Alan Cameron | Partner

All I want for Christmas is………………my tenancy deposit returned

Following on from my colleague Olivia Keenan’s article on 11 December we have now had an opportunity to raise an application with the Housing & Property Chamber under the auspices of their new powers set out in The First Tier Tribunal for Scotland Housing & Property Chambers (Procedure) Regulation 2017.

Our client was a tenant who, at the end of her tenancy, sought the return of her deposit. Her landlord refused this request on the basis that they had deducted monies due to “breaches “of her lease.  Our client disputed these charges and requested that they be considered by an independent party to determine whether or not they were reasonable and appropriate. The landlord at that stage advised her that they had failed to lodge the deposit with any appropriate deposit scheme provider and thereafter refused to return the deposit.

Our client sought our advice on matters and it quickly became clear that the landlord had failed in their duties as they had failed to provide the following (a) confirmation of the amount of the tenancy deposit paid by the tenant and the date on which it was received by the landlord;(b) the date on which the tenancy deposit was paid to the scheme administrator;(c) the address of the property to which the tenancy deposit relates;(d) a statement that the landlord is, or has applied to be, entered on the register maintained by the local authority under section 82 (registers) of the 2004 Act;(e) the name and contact details of the scheme administrator of the tenancy deposit scheme to which the tenancy deposit was paid; and (f) the circumstances in which all or part of the tenancy deposit may be retained at the end of the tenancy, with reference to the terms of the tenancy agreement.

After completing our review of the case we  lodged an application with the tribunal on the following basis.  The Tenancy Deposit Scheme (Scotland) Regulations 2011 states that a tenant who has paid a tenancy deposit may apply to the First-tier Tribunal for an order under regulation 10 where the landlord has received a tenancy deposit in connection with a relevant tenancy and has not within 30 working days of the beginning of the tenancy (a) paid the deposit to the scheme administrator of an approved scheme; and(b) provided the tenant with the information required under regulation 42.  Regulation 10 states that if the tribunal is satisfied that the landlord did not comply with any duty in regulation 3 it (a) must order the landlord to pay the tenant an amount not exceeding three times the amount of the tenancy deposit; and (b) may, as the First-tier Tribunal considers appropriate in the circumstances of the application, order the landlord to (i) pay the tenancy deposit to an approved scheme; or(ii) provide the tenant with the information required under regulation 42.

We at Jackson Boyd are happy to provide you with up to date advice and assistance in respect of any application you wish to make to the Tribunal. Through our regular involvement with landlord/tenant disputes we are able to offer you quick, clear and practical advice on how best to progress with your dispute. Please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.

Alan Cameron

Alan Cameron

Dispute Resolution Team

“My motto is: ‘First they ignore you, then they ridicule you, then they fight you, and then you win.’”

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