The Tenancy Deposit Scheme

The Tenancy Deposit Scheme is a scheme designed to safeguard Tenants Deposits by placing them with a third party. The regulations can be viewed here.

When does it become operational

The Scheme launch date is the 2nd July 2012

Who are Littlejohns using

We are using SafeDeposits Scotland

What does this mean for private landlords

Any Tenancy Deposit accepted by an Agent/Landlord will have to be deposited into the approved scheme. The Deposit will then be kept by the scheme administrator. Landlord Registration Numbers are required for submission, if you have not registered then please do so immediately at LandLord Registration Scotland

You will be asked for the Agents Registration Number – in our case it is:

  • Edinburgh - 00349/230/08200
  • East Lothian - 00349/210/08200
  • Midlothian - 00349/290/08200

Will this affect existing tenancies

The simple answer is YES.

Will this cost the Landlord anything

No, there will be no charge to Agents/Landlords in relation to the operation of the Tenancy Deposit Scheme.

Are the deposit monies safe

Yes Landlords can view the Scheme’s Terms and Conditions on the Scottish Government Website. SafeDeposits Scotland is a Company Limited by Guarantee (registered number 405020) whose registered offices are at 95 Bothwell Street, Glasgow, G2 7SU.

How does the Landlord get the money back

At the end of the Tenancy an application can be made specifying the amount to be withheld from the Deposit. The Tenant will be notified of the application and given 30 days to respond, either to agree the application or dispute the calculations. If the tenant fails to respond the monies due to the Landlord are transferred.

What if there is a dispute

Any dispute over the calculation of a deposit can be referred to an independent Adjudicator who will then make the decision. If the Landlord is unhappy with the decision he/she can request a review by another Adjudicator however any decision carried out following this review will be final.

If the Landlord does not like the decision can he sue the tenant

No. The decision of the Adjudicator following the review will be final. There is no provision in the Regulations for the Agent/Landlord to appeal to the Court.

What if the Landlord does not comply

The Landlord has no recourse through the Courts. The Tenant has a right to raise an action in the Sheriff Court if a Landlord has not complied with his/her duties under the Regulations. Such an application must be made no later than 3 months after the tenancy has ended.

Download our Help Document

Get our guide to the Tenancy Deposit Scheme as a .