Landlords face new obligations over tenancy deposits

14/11/2019 09:37:46

New rules to make tenants aware of their rights in reclaiming deposits at the end of their tenancy came into force this week.

Under the Tenancy Deposit Amendment Regulations (Scotland) 2019 landlords face sanctions if they fail to follow proper procedures.

The rules, which apply to all approved Tenancy Deposit Schemes in Scotland from November 11, are aimed at speeding up repayment of deposits at the end of tenancies.

They aim to make tenants aware of the sanctions available where landlords have not complied with the regulations.  

They were introduced following a Scottish Government review into Tenancy Deposit Schemes in Scotland that highlighted the previously unforeseen issue of unclaimed deposits. 

The amended Regulations will ensure tenants are provided with the right information to reclaim their deposit at the end of a tenancy, raise a disagreement over the deposit return and make a complaint if necessary.

Other changes include:

  • For tenancies of less than 30 days, landlords are no longer required to pay the deposit into a scheme.
  • Where a landlord and tenant have agreed that the deposit will be paid in installments, landlords will now be required to provide information on the cumulative amount paid as well as the individual payment amount for each installment paid.
  • Scheme administrators will be required to provide tenants with details of sanctions that can be applied for where the landlord has paid the deposit into the scheme after the expiry of the 30 working days, both when the deposit is lodged with the scheme and when they receive the landlord’s application for repayment once the tenancy has ended.
  • Where the landlord has failed to lodge the deposit within 30 working days of the tenancy commencing, tenants will have 30 working days from the end of the tenancy to apply for sanctions.
  • If a landlord indicates that the full deposit is to be repaid to the tenant at the end of the tenancy, the scheme administrator is no longer required to seek authorisation of this amount from the tenant, speeding up the process of the deposit being repaid.

For more information on tenancy deposit regulations call your local Scottish Property Centre branch or visit www.scottishpropertycentre.net

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