What happens when a joint tenant absconds?

Where in a joint tenancy one tenant leaves early (absconds) and a new tenant enters and also pays the same deposit to the landlord. The new deposit taken is held by the landlord and substituted for the deposit already paid into the scheme on behalf of the absconding tenant. The absconding tenant must then deal directly with the landlord if he has an issue with the deposit. The Landlord must update the protection with the scheme to reflect the new tenant.

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What are the different types of tenancy agreements in Scotland?

In Scotland, there are 3 main types of tenancy agreement:

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What is the difference between a Short Assured and an Assured Tenancy Agreement?

The main difference is that a landlord who has let their property under a short assured tenancy has an automatic right to regain possession of it at any time after the fixed term of the tenancy agreement has expired, provided sufficient notice is given to the tenant. Landlords who have let their property using an assured tenancy agreement do not have this right as the tenant has security of tenure.

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How long does it take for the deposit money to clear into the mydeposits Scotland account?

All payment made to us, whether online, by post or over the phone will take time to clear from your account, depending on the method of payment used.

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What are the different Regulations as laid out in law?

Regulation 47. Where the tenancy deposit was paid to the landlord before the day on which these Regulations come into force, regulation 3 applies with the modification that the tenancy deposit must be paid, and the information provided, within 30 working days of the date determined under paragraph (a) or (b)—

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What happens if the deposit is not submitted to an approved scheme and/or information not provided to the tenant?

A tenant may apply to a sheriff court for sanctions against the landlord for non-compliance with the regulations.

If the sheriff is satisfied that the landlord has failed to comply, they must order the landlord to pay the tenant up to three times the amount of the deposit and may order that the deposit is submitted to an approved scheme or information provided.

The sheriff will have discretion to take the individual circumstances of each application into account when deciding the amount of financial penalty that should apply.

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What information must a landlord give to a tenant?

Under Regulation 42 of the 2011 Act you must provide your tenant with information about the following:

Your landlord registration status
Confirmation of receipt of the deposit
Confirmation of the date it was paid to My|deposits Scotland
Our name and contact details as we are holding their deposit
The address to which the deposit relates
The reasons why part or all of the deposit might be withheld at the end of the tenancy, with reference to the tenancy agreement

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How long does it take to receive the deposit once the adjudication has been made?

The deposit must be returned within 5 working days of the end of the 10 working days allowed for a request for review or when reasonably practicable in accordance with the original Adjudication Decision. Where a review is undertaken, the deposit must be returned by Mydeposits Scotland within 5 working days of notification of the review decision.

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Following a review if a party is still unhappy with the decision can they then take this matter though the courts?

Yes.

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Can the adjudicator’s decision be challenged?

Both parties will have 10 working days from the date the decision is notified, to request a review of that decision. A review can only be accepted if the adjudicator has erred in law, and or fact, for example if the adjudicator has ignored evidence that was provided to support the claim.A review will not be accepted on the basis that either party does not like the outcome. A decision of the adjudicator following a review is final.

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