Tenancy Deposit Scheme


Tenancy Deposit Sheme

Believed to be one of the first cases brought by tenants under the Tenancy Deposit Schemes (Scotland) Regulations 2011 an Edinburgh landlord was ordered to pay his tenants £3,450 after he failed to secure their £1,150 deposit. Edinburgh Sheriff Court heard the landlord had failed to pay the cash into a fund set up to protect tenants.
The Tenancy Deposit Schemes (Scotland) Regulations 2011, states that landlords must pay tenants' deposits into one of three designated funds and the regulations are designed to ensure tenants do not need to take rogue landlords to court to ensure the fair return of their deposits.
Shelter Scotland, which campaigned for the introduction of the scheme for eight years, described the landmark ruling as a major breakthrough which should send a strong message of comfort to all landlords who abide by the law and a powerful warning to those that don’t. The ruling will also provide added confidence to tenants thinking of pursuing their landlords under the regulations. Shelter Scotland director Graeme Brown said: “The tenancy deposit scheme is a transparent and fair system brought in last year under a fanfare of publicity and awareness, so there is no reason why any landlord in Scotland should be failing to protect their tenants' deposits.
“This is a landmark ruling that should inspire confidence in all those tenants who fear their deposit is not being protected to take action and should act as a strong warning to all landlords who are not protecting their tenants' deposits to do so.”
Scottish Legal News, 03/09/2013