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Amendments To Tenancy Deposit Schemes (Scotland) Regulations 2011

06 December 2019 Category: News
The Tenancy Deposit Schemes (Scotland) Regulations 2011 made it compulsory for landlords to place tenancy deposits within an approved scheme for protection during a tenancy.   A deposit must be paid into one of three approved schemes in Scotland, within thirty working days of the start of a tenancy.  Should a landlord fail to lodge a deposit in an approved scheme within that timescale, or fail to provide statutory written information to the tenant, then the tenant can apply to the First-Tier Tribunal for an order for payment in their favour against the landlord of up to three times the amount of the deposit taken.
Amendments to the Regulations will come into force on 11 November, 2019:

•    if a landlord is late in lodging a deposit within a scheme, then the scheme administrator must inform the tenant that it has been lodged late and inform the tenant of their rights to make a claim to the First-Tier Tribunal;
•    if a tenancy is shorter in duration than thirty working days, then the landlord is not required to lodge the deposit within a tenancy deposit scheme;

•    where a tenant is paying a deposit by way of instalments, each instalment payment should be lodged by the landlord into a scheme within thirty working days of that instalment being paid.   Furthermore, each time the instalment is lodged with the scheme, written statutory information must be provided by the landlord to the tenant.  This will mean the tenant will have a potential claim against the landlord where paying by instalment, on each occasion that the instalment is either lodged out with that thirty working day timescale or statutory written information is not provided.

Should you wish to discuss any issues relating to tenancy deposits, please do not hesitate to contact our Property Team or fill out our online enquiry form.

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