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Landlords and letting agents
The Tenancy Deposit Schemes (Scotland) Regulations 2011 have changed the way landlords and letting agents must handle tenancy deposits. If a landlord or agent takes a deposit from their tenant, they must transfer the deposit to a government approved tenancy deposit scheme, such as SafeDeposits Scotland, and provide the tenant with particular key information within 30 working days of the tenancy start date.
Should a landlord fail to protect a deposit and/or provide the key information in accordance with the Regulations, tenants can apply to the Sheriff Court for financial sanctions against the landlord. If the Sheriff is satisfied that the landlord has failed to comply, they may order the landlord to pay the tenant up to three times the amount of the deposit. In addition they may order the landlord to transfer the deposit to a tenancy deposit scheme. A tenant has up to three months after the tenancy ends to apply to the Sheriff Court for sanctions against the landlord.
SafeDeposits is Scotland’s leading tenancy deposit scheme, which has attracted approximately 60% of the market. We aim to help make compliance with the Regulations as quick and easy as possible. You can find out more about SafeDeposits in our welcome pack and scheme rules.