The Tenancy Deposit Scheme is a scheme designed to safeguard Tenants Deposits by placing them with a third party. The Scheme launch date is the 2nd July 2012
Who Are Littlejohns Using
We are using Safe Deposits 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.