What happens if the landlord doesn't comply with the legislation?

What happens if the landlord doesn't comply with the legislation?

 

If your landlord has not:

lodged the deposit with an approved scheme within the 30 working day period allowed;

and/or,

•provided you with the prescribed information within the 30 working day period allowed, then you can ask the Sheriff Court to take action. 

My deposit is lodged with my|deposit Scotland, is it secure?

My deposit is lodged with my|deposit Scotland, is it secure?

Once the deposit has been successfully lodged with us, it is held in its own segregated, separate, ring-fenced account for the duration of the tenancy. If the worst happened and the bank failed your deposit money is safeguarded and would be recoverable under the Financial Services Compensation Scheme. In the unlikely event that we fail, your deposit, along with every other deposit remains safeguarded, and would be transferred to another government approved tenancy deposit scheme.

Who’s responsibility is it to register the deposit with a protection scheme?

Who’s responsibility is it to register the deposit with a protection scheme?

It is the responsiblity of the Landlord or Letting Agent to register your deposit for protection on your behalf.

What information must a Landlord/Letting Agent give to you?

What information must a Landlord/Letting Agent give to you?

Under Regulation 42 of the 2011 Act your Landlord or Letting Agent working on behalf of the Landlord must provide you with information about the following:

How will deposits be returned at the end of a tenancy?

How will deposits be returned at the end of a tenancy?

Either the Landlord/Agent or the Tenant can initiate the Deposit Release Process; release of the Deposit requires completion of a Deposit Release Form (DRF) either online or submitted to us by post.

If both the Landlord/Agent and Tenant agree the amount we will authorise the release of the deposit.

When a Deposit release is authorised by the Scheme, both the Landlord/Agent User and the Tenant must supply their Release Codes.

The Scheme will not permit a release of the Deposit unless:

How long will it take for the deposit to be returned to me at the end of the tenancy?

How long will it take for the deposit to be returned to me at the end of the tenancy?

Where you agree with the Landlord’s/Agents application, the deposit will be repaid within 5 working days. The return of deposits may take longer where the amount is disputed, or if we are unable to contact you or the Landlord/Agent.

What if the Landlord or Agent doesn’t apply for the deposit?

What if the Landlord or Agent doesn’t apply for the deposit?

If the Landlord/Agent doesn’t apply for the deposit you can also apply to the scheme for repayment of the deposit. If you apply for the deposit, we will write to the Landlord/Agent to notify them of the application and amount applied for. If the Landlord/Agent agrees to the amount applied for Mydeposits Scotland will repay the deposit within 5 working days. If the Landlord/Agent does not agree with your application, or does not make an alternative application within 30 working days, the full deposit is repaid to you within 5 working days of the end of the 30 day period.

What happens if I disagree with the Landlord/Agent’s application for the return of the deposit?

What happens if I disagree with the Landlord/Agent’s application for the return of the deposit?

A Deposit Dispute will be referred to Alternative Dispute Resolution (ADR) if a Deposit Dispute has been raised and you confirm they agree that the Deposit Dispute should be resolved by ADR.

This means that if you do not agree with the amount of deposit applied for by the Landlord/Agent, you can ask for the case to be referred to an independent adjudicator. The adjudicator will make a decision about how the deposit should be repaid, based on evidence provided by both parties.

 

How is a dispute raised?

How is a dispute raised?

If you do not agree with the application for the return of the deposit, you must notify us of the amount which you think should be repaid, and request a referral to the adjudicator. The disputed amount will be held in a designated account until the issue is resolved – any undisputed deposit will be returned to you or the Landlord/Agent as soon as possible. We will refer the case to dispute resolution.

Do I have to use dispute resolution?

Do I have to use dispute resolution?

No. As the Tenant you can still opt to go to court, or use another form of redress to recover their deposit. However, the Landlord/Agent will be required to cooperate with the dispute resolution service if you choose to raise a dispute with the scheme.

Pages

Newsletter

Sign up for our newsletter to receive up-to-date information on Tenancy Deposit Protection from mydeposits Scotland