Tenancy deposits

Supporting information for Scottish Landlord Registration


Key points

There is no legal obligation to take a deposit from a tenant but if a landlord does take a deposit there are strict legal obligations.

The Tenancy Deposit Schemes (Scotland) Regulations 2011 came into force on 7 March 2011 so have been in place for some time. The regulations state that any deposits taken for a tenancy no matter how long in the past must be protected in a “custodial scheme”. The three schemes in Scotland that can be used by a landlord to lodge tenancy deposits are:

 

How it works

How tenancy deposits work in Scotland

 

What you need to do

When the tenant pays you the deposit you have requested, you in turn pay the deposit you have received to the scheme of your choice. When you have done this you also need to provide your tenant with information about which scheme is now protecting their deposit and how their deposit might be used at the end of the tenancy if you need to make any justifiable deductions. The regulation that needs to be complied with is Regulation 42 of the Tenancy Deposit Schemes (Scotland) Regulations 2011 and is often referred to as prescribed information.

Payment of the deposit to your chosen scheme and providing the tenant with the necessary information must be done within 30 working days of the start of the tenancy.

Further context

Each of the tenancy deposit schemes provide detailed information on your obligations as a landlord and you should take time to read how the scheme works and what information they need from both you and your tenant.

Prior to the end of the tenancy talk to your tenant about what is required in the way of cleaning, organisation etc to ensure that you can return the full deposit. The key to dealing successfully with deposits is communication. However, if you and your tenant cannot agree on any deductions that you do feel are justifiable, each of the tenancy deposit schemes has a detailed process for managing this situation.

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