On 1 December 2017 new legislation came into force. This means now tenants should now go to the First-tier Tribunal for Scotland (Housing and Property Chamber) if landlords or letting agents do not protect their deposits.

Previously tenants had to raise a 'summary application' in the Sheriff court against their landlord if they had not protected their deposit.
There are no fees involved in taking a case to the First Tier Tribunal.

Unprotected deposits

Your landlord has to protect a deposit within the first 30 working days of the tenancy starting.
If your landlord has not protected the deposit before the deadline a tenant should approach the First Tier Tribunal. If it is proven that your landlord has not complied with the regulations you could be awarded up to three times the amount of the deposit in compensation.

Disputes over the deposit

If the deposit is with SafeDeposits we offer a free dispute service. If you and your landlord cannot agree on the return of the deposit you as a tenant can choose to go to dispute. Both you and your landlord will be asked to provide evidence to back up your argument.

We encourage communication - a dispute can be cancelled at any time.

How to make an application to the Tribunal

Applications can be made to the First-tier Tribunal. The tribunal is based in Glasgow where it has its main office. However, hearings will also be held in locations across Scotland, as required.
If you wish to take a case to the First Tier Tribunal you should seek advice from Shelter Scotland or your local Citizen's Advice.

More Information

Further information on the process and application forms can be found on the Housing and Property Chamber website.
Housing and Property Chamber First-tier Tribunal for Scotland:
4th Floor
1 Atlantic Quay
45 Robertson Street

Telephone: 0141 302 5900

Decisions that the tribunal makes can be viewed here.