Many private rented sector tenants are required to pay a deposit to their landlord or the landlord's agent at the start of a tenancy. At the end of the tenancy, the deposit is returned in full to the tenant. The landlord can legitimately withhold part, or all of the deposit if the tenant has failed to meet their obligations, e.g. where the property requires cleaning or damage to the property has been caused.
However, there are some concerns that some private landlords may be unfairly withholding their tenants' deposits. These concerns have led to provisions in the Housing (Scotland) Act 2006, which would allow Ministers to bring forward regulations to establish a mandatory tenancy deposit scheme to safeguard tenancy deposits.
The Scottish Government is working with stakeholders to explore the merits of various approaches to improving tenancy deposit practice before deciding how to proceed. As part of this process, a working group of housing experts representing tenants, landlords and agents has been examining the issues and looking at how best to promote good practice and gather robust data on the extent of the problem in Scotland.
Evidence on tenancy deposits was gathered as part of the Scottish Government's recent Review of the Private Rented Sector in Scotland. The Review included two surveys, of tenants and landlords, and included questions on the experiences of both groups in relation to tenancy deposits. The working group is considering a range of evidence on tenancy deposits and is also exploring options for using some form of dispute resolution process to deal with tenancy deposit disputes.
A final meeting of the working group is planned for the beginning of September. The findings of the group will help inform the Scottish Government's decision on the best way forward.
Minutes and papers from the meetings of the working group
2006
August 2006
October 2006
2007
June 2007
2009
February 2009
Discussion Paper (5 February 2009)
Questions for Discussion (5 February 2009)
Evidence Paper (5 February 2009)
If you have queries about the working group please contact the Scottish Government on 0131 244 7927.