Tenancy Deposit Schemes…Landlords look out you must comply!

Tenancy Deposit Schemes (TDS) were introduced on 2 July 2012 to:

  • Prevent landlords from unreasonably withholding deposits at the end of a lease
  • Speed up the process of deposits being refunded
  • Provide access to free dispute resolution

Payment of Deposit

Landlords must pay tenancy deposits into an approved TDS within 30 working days of the start of the tenancy.  They must also provide the tenant with certain information about the tenancy and deposit.

Return of Deposit

At the end of the tenancy, either the landlord or tenant can write to the TDS.  If there is no dispute, the agreed amount of deposit will be returned to the tenant.

Any dispute will be referred to an Adjudicator to make a decision.  If that decision is accepted by both parties, the deposit will be released within 5 days.  Otherwise, the decision can be appealed to a second Adjudicator, whose decision is final.

Approved Schemes

There are currently three government-approved providers of Tenancy Deposit Schemes in Scotland:

Tenancy Deposit Schemes were brought in to address common problems which arise at the end of a tenancy.  If you are a Landlord or Tenant experiencing problems at any stage of a tenancy, we can help.  Please contact Paul Neilly pdn@mitchells-roberton.co.uk

This entry was posted in Legal and tagged , , , , by Paul Neilly. Bookmark the permalink.

About Paul Neilly

Paul’s first degree was a BA Honours in Financial Services following which he spent five years working for a large insurance company as a pensions specialist. He then completed his law degree at the University of Strathclyde and Diploma in Legal Practice at the Glasgow Graduate School of Law. Paul subsequently joined Mitchells Roberton as a trainee in July 2006 and qualified as a solicitor in September 2008. Principally concerned with civil litigation, Paul specialises in contract disputes, landlord and tenant issues (commercial and residential), debt recovery, family law, employment law and personal injury claims. He also handles cases involving Adults with Incapacity. Paul regularly appears in the Sheriff Courts throughout Scotland and has experience of appearing before Licensing Boards and instructing matters in the Court of Session. Being a general civil litigator Paul is keenly aware of the need to keep step with developments in the law and legal education. This led Paul to join the committee of TANQ, the Trainee and Newly Qualified Society of the Royal Faculty of Procurators in Glasgow, in which role Paul currently organises seminars and networking events for its members. Paul is married with a young son and daughter. In his spare time he enjoys cooking, reading and watching sport, particularly following the exploits of the national football and rugby teams, although this is more of a vocation than a source of enjoyment.

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