Tenancy deposit scheme

Most landlords who let privately rented property are required to register with the local authority in which the property is situated. Every landlord who receives a deposit, and who is required to register in the local authority register of landlords (in accordance with the Antisocial Behaviour etc. (Scotland) Act 2004) must comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011.

This includes landlords of private rented assured and short assured tenancies, university accommodation, as well as various other types of occupancy arrangement.

The regulations require that you must pay deposits into an approved scheme, within a set timescale, and ensure that the money is held by an approved scheme for the duration of the tenancy. Evidence of registration with the relevant local authority must be provided when the deposit is paid over.

The tenant must also be provided with specific information about the tenancy, the deposit and the scheme that will be protecting it.

Consequences if you don't comply with the tenancy deposit legislation

If you don't protect the deposit with a scheme, or provide the required information within the specified timescales, a tenant can take you to the First Tier Tribunal. Where satisfied that you have not complied, the First Tier Tribunal can order you to pay the tenant up to three times the deposit.

Advice agencies and the Housing Strategy team will be able to offer guidance and support to a tenant who wishes to take action against you over a tenancy deposit.

For further information about Landlord Registration, please contact our Housing Strategy team