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The Flying Scotsman blog #2

Ian Langley, Director of Operations, my|deposits Scotland shares his thoughts on TDP in Scotland.

Since my last update I’ve been to Kilmarnock, Dumfries, Selkirk and Haddington so time for another update.

Here are a few more of the key issues that have been coming up…

In my last blog I started by talking about disputes and the process involved if you and your tenant do not come to an agreement about the return of the deposit.

If that happens, and you propose to deduct part of the deposit at the end of the tenancy, simply stating the reason for that deduction won’t get you very far if your tenant disputes your claim. You will of course need to provide evidence to support this.

So how can you ensure you have enough evidence to support your claims? Well that one’s easy –my previous blog looked at the importance of providing  things like a detailed tenancy agreement inventory and schedule of condition and also at some of the contract terms you might want to consider placing into your tenancy agreement.

But what’s a fair contract term?

Many tenancy agreements contain general terms like ‘the tenant must return the property in the same condition that it was let in’. Although terms like this can be useful it probably won’t be enough to place a term like this in the tenancy agreement and expect to rely on it as evidence should a dispute arise at the end of the tenancy.

And, as you cannot introduce a term at the end of the tenancy that isn’t there at the beginning (surprisingly this would not be deemed as ‘fair’) you’ll need to give this more consideration. But remember, it must be fair, so for a complete low down see a more detailed guide on unfair contract terms.

Releasing the deposit

The next big issue that has been cropping up is about the return of the deposit at the end of the tenancy, and how long the process is likely to take. We understand that you want a quick and easy process with little admin hassle.

Here’s how it works…

Providing you and your tenant agree over the return of the deposit at the end of tenancy, you must both then authorise its release. You and your tenant will have a unique release code that you must input before we’re able to release the deposit. You can do it online or over the phone.

Once this authorisation is complete, we’ll pay it straight back. Quick and simple.

Tip – Check out and walk away

The check out process is the perfect opportunity to discuss and agree any deductions with your tenants. So if you are able to reach an agreement about the return of the deposit and have a smart phone and access to the internet, then why not authorise the release of the deposit there and then, shake hands and walk away?

Future events

Whether you’re a landlord or letting agent, we will be releasing details about further workshops planned for 2012 soon so keep an eye out here or regularly check the blog

But if you simply can’t wait and you’d like to arrange a seminar, staff training or a visit, please email me directly, or call 07917 813 340.


Disclaimer: Ian Langley is not Scottish. Nor can he fly, although he is a fully qualified helicopter pilot.