Register Here

The Tenancy Deposit Schemes (Scotland) Regulations 2011

The Tenancy Deposit Schemes (Scotland) Regulations 2011 came into force on the 7th March 2011 and became legally enforceable once the first deposit scheme was approved on the 2nd July 2012.

The regulations state that landlords who receive a tenancy deposit in connection with a relevant tenancy must, within 30 day of the tenancy starting:

Pay the deposit to the scheme administrator of an approved scheme and
Provide the tenant with the information required under regulation 42

To enable the scheme administrator to accept the deposit you'll also need to supply

• Your contact details
• Contact details for your tenant
• Information identifying the tenancy and the property to which it relates
• Confirmation that you;
  • are registered
  • have made an application yet to be determined
  • are not entered but appealing the removal or refusal of your entry;
  • in the register of the local authority where the property is situated under section 82(1) of the 2004 Act

The scheme administrator is legally obliged to advise details of your information to the relevant local authority

Regulation 42 states the landlord must provide the tenant

• The amount of the deposit paid and the date on which the landlord received it
• The date the deposit was paid to the scheme administrator
• The address of the property to which the deposit relates
• A statement that you are registered or applied to register with the local authority under section 82(registers) of the 2004 Act
• The name and contact details of the scheme administrator holding the deposit funds
• Full circumstances where all or part of the tenancy deposit may be retained at the end of the tenancy

AND

• You must provide this within 30 working days
• Once it has been provided you have a legal obligation to keep the information accurate

NON COMPLIANCE

If you fail to comply with the regulations, your tenant, who has paid a tenancy deposit, may apply to the sheriff for an order up to 3 months after the tenancy has ended.

If satisfied that you did not comply with your duty as a landlord the sheriff:

• Must order you to pay the tenant an amount not exceeding three times the deposit and
• May order you to;
  • Pay the tenancy deposit to an approved scheme
  • Provide the information required under Regulation 42 as above

NOT WITH SMART RENTAL SOLUTIONS >>> See WHY here!