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Regulations

Concerns that some private landlords unfairly withhold tenants’ deposits led to provisions in the Housing (Scotland) Act 2006, for Scottish Ministers 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. The Regulations set out the conditions that all schemes must meet before they can be approved by the Scottish Ministers.

Safeguarding Tenancy Deposits

A tenancy deposit scheme is a scheme provided by an independent third party to protect deposits until they are due to be repaid. Three schemes are now operating:

  • The Letting Protection Service Scotland
  • Safedeposits Scotland
  • My|deposits Scotland

 

Landlord's legal duties

The legal duties on landlords who receive a tenancy deposit are:

  • to pay deposits to an approved tenancy deposit scheme
  • to provide the tenant with key information about the tenancy and deposit

 

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:

1.  Deposit received prior to 7 March 2011:

Where the tenancy is renewed by express agreement or tacit relocation 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

2. Deposit received on or after 7 March 2011 and before 2 July 2012 (Regulation 48)

By 13 November 2012

3. Deposit received on or after 2 July 2012 and before 2 October 2012 (Regulation 4)

By 13 November 2012

4. Deposit received on or after 2 October 2012 (Regulation 3)

Within 30 working days of the beginning of the tenancy

 

Information about the schemes

Further details about the individual schemes and how landlords will be able to use their services are available on the web sites below. Email addresses and telephone numbers are included where available:

All three schemes have a range of information available including how landlords can join the schemes, how to submit deposits, how to ask for repayment of deposits and how the dispute resolution service will work.

Letting Protection Service Scotland

www.lettingprotectionscotland.com

Address:
The Pavilions
Bridgwater Road
Bristol
BS99 6BN
Email contact: events@lettingprotectionscotland.com
                    media@lettingprotectionscotland.com
All other enquiries can be made through the online forms that are contained within the LPSS website FAQs

Telephone: 0844 472 6666 

SafeDeposits Scotland

www.safedepositsscotland.com

Address:
Brunswick House
51 Wilson Street
Glasgow
G1 1UZ
Email contact: Rebecca.Johnston@safedepositsscotland.com
Telephone: 0141 559 5010

 
My|deposits Scotland

www.mydepositsscotland.co.uk

Address:
Kingmaker House
Station Road
New Barnet
Herts
EN5 1NZ
Email contact: info@mydepositsscotland.co.uk
Telephone: 0845 634 5400

Guidance

Information about tenancy deposit schemes and what they mean for tenants, landlords and letting agents is available:

If you have any further queries about tenancy deposits contact the Scottish Government on 0131 244 0683 or email tdsproposals@scotland.gsi.gov.uk

Page updated: Tuesday, November 27, 2012