WHAT IS THE TENANCY DEPOSIT SCHEME?
It’s a government enforced scheme which means that
your landlord is required to place your deposit with an
independent 3rd party organisation for the duration of
your lease.
At time of publication the 3 approved schemes are Safe
Deposits Scotland, MyDeposits Scotland and The Letting
Protection Service.
Any student living in private rented accommodation (i.e.
not at home or in halls) will normally be expected to pay a
deposit before the commencement of their tenancy which
was previously held by the landlord and in theory returned
at the end of the lease.
However the deposit will now have to be paid into one of
the 3 approved schemes and held by them for the duration
of the tenancy and if required returned by them and not the
landlord at the end of the tenancy.
HOW WILL IT AFFECT ME?
Very much so, this should in theory make it much more
dicult for a landlord to unfairly withhold any or all of
a tenant’s deposit at the end of the tenancy. Also the
independent adjudication process should reduce the
number of tenants having to take withheld deposit cases to
the often onerous small claims court.
SO, IT’S A GOOD THING?
As of 1st October 2012, the general rule is that your landlord
has 30 working days* from the 1st day of the tenancy to
place your deposit with an approved tenancy deposit
scheme. You should be notied in writing by the scheme
administrators once this has taken place.
*Working days are calculated as Monday to Friday only and
if a bank/public holiday falls within this period that day is not
included in the calculation.
I’M ABOUT TO SIGN FOR A NEW FLAT,
WHAT HAPPENS WITH MY DEPOSIT?
Unfortunately this type of tenancy is one of the few
exceptions which is not covered by the scheme.
MY LANDLORD IS ALSO A RESIDENT IN
THE PROPERTY. CAN MY DEPOSIT
BE PROTECTED?
FREQUENTLY ASKED
QUESTIONS
You should be contacted by whichever approved scheme
your landlord has submitted your deposit to. This will
normally be via email or letter and should take place within
10/15 working days after your landlord has protected the
deposit.
HOW WILL I KNOW MY LANDLORD HAS
PROTECTED MY DEPOSIT IN A SCHEME?
USEFUL LINKS
SRC ADVICE CENTRE
www.glasgowstudent.net/advice
SCOTTISH GOVERNMENT
TENANCY DEPOSIT ADVICE
www.tinyurl.com/scottishgov
APPROVED TENANCY
DEPOSIT SCHEMES
www.lettingsprotectionscotland.com
www.safedepositscotland.com
www.mydepositscotland.com
SHELTER SCOTLAND
www.scotland.shelter.org.uk
FOR MORE ADVICE ON THE SCHEME,
OR YOUR TENANCY RIGHTS IN
GENERAL, CONTACT:
SRC Advice Centre
McIntyre Building
University Avenue
Glasgow
G12 8QQ
0141 330 5360
advice@src.gla.ac.uk
WHAT HAPPENS AT THE END OF
THE TENANCY?
The rules vary slightly for each scheme but generally
speaking both the tenants and the landlord are expected to
contact the scheme administrators to notify them if they are
in agreement to the amount of deposit to be returned.
If there is a dispute which cannot be resolved between
the tenants and the landlord there is a free independent
adjudication service which can be accessed via the scheme
administrators to help resolve any issues.
WHAT IF MY LANDLORD HASN’T PAID MY
DEPOSIT INTO AN APPROVED SCHEME?
Your landlord is legally obliged to comply with the scheme,
however if they fail to do so you can apply for a court order
which can force the landlord to compensate you by paying
you up to 3 times the amount of your original deposit.
You can do this at any time during the term of your tenancy,
or up to three months after the tenancy has ended. The
Advice Centre can oer further information on this process.