Why do I need to provide my tenant with information?

When a landlord, or their letting agent, protects a tenant's deposit with a government approved tenancy deposit scheme, the Tenancy Deposit Schemes (Scotland) Regulations 2011 also require them to provide the tenant with particular key information.

The key information must be provided to all tenants on the tenancy agreement within 30 working days of the tenancy start date.

This is required under Regulation 42 of the Tenancy Deposit Schemes (Scotland) Regulations 2011.

What information do I need to provide?

The tenant(s) should be provided with a copy of the:

  • Tenancy address;

  • Total deposit paid and the date you received it from the start;

  • Your registration status with the local authority;

  • Date you paid the deposit into a tenancy deposit scheme:

  • Name and contact details of the tenancy deposit scheme;

  • The reasons why you might keep some or all of the deposit when the tenant moves out, with reference to the tenancy agreement (e.g. rent arrears, cleaning, etc.).

To help make providing the key information easier, we have a template, called the prescribed information form, available on our website.

Do I need to use the template prescribed information form?

No, you don't need to use our template if you would prefer to provide the information in your own format.

How should I provide the information?

The Tenancy Deposit Schemes (Scotland) Regulations 2011 don't specify how the information should be provided. It can be helpful to record confirmation that the information was provided (for example, asking your tenant to sign a declaration to confirm they have received the information).

What happens if I don't provide the information?

If you fail to comply with the Regulations, your tenant can apply to the Sheriff Court for financial sanctions. If the Sheriff is satisfied that you have failed to comply, they can order you to pay the tenant up to three times the amount of the deposit. A tenant can apply to the Sheriff Court during the tenancy or during the three months after the tenancy.

Further information

If you have any questions, please contact our Glasgow office.