Below is a list of common questions asked by landlords regarding the National Rent Deposit Scheme.
A tenancy deposit is a sum of money which a landlord may ask a tenant to pay at the start of a tenancy, and which must not amount to more than two months rent. The landlord holds the money as security against the tenant not meeting their obligations in connection with a tenancy or occupancy arrangement.
The tenancy agreement should set out the circumstances in which the deposit may be withheld by the landlord at the end of the tenancy. For example, the landlord may decide to keep some or all of a deposit if it is needed to pay for:
A tenancy deposit scheme is an independent third party scheme which has been approved by the Scottish Government to hold and protect tenant’s deposits until they need to be repaid at the end of the tenancy.
The schemes were set up in response to concerns about the large sums of money that are unfairly withheld from tenants deposits by some landlords and letting agents at the end of a tenancy.
Tenancy deposits are protected by an independent third party. This prevents deposits from being unfairly held by landlords or letting agents. Schemes are free. There is no charge for tenants, landlords or letting agents to join a scheme. Quick repayment of deposits. Where a landlord and tenant agree about the return of the deposit the scheme administrator must return the deposit within 5 working days.
There is free access to an independent dispute resolution service. Every approved scheme must provide a free service to resolve disagreements over the return of deposits as an alternative to legal action through the courts. The scheme encourages consistent standards in relation to management of deposits, improves professionalism of the private rented sector and helps to improve the image of the sector.
Tenancy deposits schemes started operating in 2012. The three schemes that have been approved by the Scottish Ministers are:
Most landlords who let privately rented property are required to register with the local authority in which the property is situated. Every landlord who receives a deposit, and who is required to register in the local authority register of landlords (in accordance with the Antisocial Behaviour etc. (Scotland) Act 2004) must comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011. This includes landlords of private residential tenancies, assured and short assured tenancies, university accommodation, as well as various other types of occupancy arrangement.
For further information of Landlord Registration, please visit the Scottish Government website which can be found in the related sites section on the left of this page or contact the Homelessness and Advice team at Orkney Islands Council who are responsible for managing the landlord registration scheme.
The regulations require that a landlord must pay deposits into an approved scheme and ensure that the money is held by an approved scheme for the duration of the tenancy. Evidence of registration with the relevant local authority must be provided when the deposit is paid over. The tenant must also be provided with specific information about the tenancy, the deposit and the scheme that will be protecting it.
A tenant can take a landlord who doesn’t protect the deposit with a scheme or provide the required information within the specified timescales to court. Where satisfied that a landlord has not complied, a sheriff can order the landlord to pay the tenant up to three times the deposit.
Any deposit received on or after 2 October 2012 must be deposited within 30 working days from the beginning of the tenancy.
A landlord can use an agent to act on their behalf to manage a tenancy. However, the duties in relation to tenancy deposits ultimately apply to the landlord, as the person requiring the deposit. This means that any sanctions imposed by a court will apply to the landlord. It will be in the interests of any landlord who employs a letting agent to act on their behalf to satisfy themselves that they act in accordance with the Regulations. The landlord may take action against the agent through the court if there has been a breach of contract.
Further information about tenancy deposit schemes and free information sessions can be found on the Scottish Government website.
Details of how the three schemes will operate and how landlords can join the schemes are available on the individual scheme web sites on the left of this page with contact details shown below:
There are a number of places that can provide independent advice and assistance.
Shelter also provide a free housing advice telephone helpline on 08088004444.
Landlord Accreditation Scotland – voluntary scheme for landlords to promote minimum standards of property management.
Telephone on 01315532211.
Membership body for landlords in Scotland that can offer advice to landlords.