A tenancy deposit scheme is a scheme provided by an independent third party to protect deposits until they are due to be repaid.
Concerns that some private landlords unfairly withhold tenants’ deposits led to provisions in the Housing (Scotland) Act 2006 to bring forward regulations for the approval of tenancy deposit schemes in Scotland.
The Tenancy Deposit Schemes (Scotland) Regulations 2011 came into force on 7 March 2011 and set out the conditions that schemes must meet before they can be approved.
Scheme start date
A scheme proposed by the Letting Protection Service Scotland has been approved and starts on Monday 2 July 2012.
The legal duties on landlords who receive a deposit in connection with a relevant tenancy will also be triggered from 2 July. The legal duties on landlords are:
- to pay deposits to an approved tenancy deposit scheme
- to provide the tenant with key information about the tenancy and deposit.
Guidance
Key dates for landlords
The dates by which landlords must pay deposits to an approved scheme and provide information to the tenant vary, depending on when the deposit was received:
-
Deposit received prior to 7 March 2011 and where tenancy renewed on or after 2 October 2012 and before 2 April 2013 (Regulation 47(a))
Within 30 working days of renewal
In any other case (Regulation 47(b))
By 15 May 2013
- Deposit received on or after 7 March 2011 and before 2 July 2012
(Regulation 48)
By 13 November 2012 - Deposit received on or after 2 July 2012 and before 2 October 2012
(Regulation 4)
By 13 November 2012 - Deposit received on or after 2 October 2012
(Regulation 3)
Within 30 working days of the beginning of the tenancy
Additional schemes
Two further schemes are also being considered from:
- SafeDeposits Scotland
- MyDeposits Scotland
If the evaluation and consultation processes demonstrate that the schemes are suitable, we aim to have all three schemes approved and ready for operation by 2 July. This means that landlords will be able to choose which scheme, or schemes, they want to submit deposits to.
Details about the approval of additional schemes will be published here in due course.
Further information
Links to details of individual schemes are available below, with email addresses and telephone numbers included where available:
A list of frequently-asked questions for tenants, landlords and letting agents, is being updated and will be published in due course.
Guidance is available on the process for the submission of proposals for the operation of tenancy deposit schemes. Any proposal to operate a scheme must demonstrate that all the conditions of the regulations are met.
If you have any questions about tenancy deposits, contact the Scottish Government on 0131 244 7927 or email tdsproposals@scotland.gsi.gov.uk.
More information
Free information sessions are being run by the Letting Protection Service Scotland:
Free information sessions are also being run by SafeDeposits Scotland:
- Wednesday 9 May 2012: Thistle Hotel, Aberdeen Airport
- Tuesday 15 May 2012: The Lighthouse, Glasgow
- Tuesday 22 May 2012: Discovery Point, Dundee
- Tuesday 29 May 2012: Kingsmill Hotel, Inverness
For full details of these events or to register contact Rebecca Johnston by email or telephone 0141 559 5010