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Tenancy deposit protection in Scotland

It looks as if Scottish landlords are going to have to comply with tenancy deposit protection fairly soon as regulations have now been laid before the Scottish parliament – you can see them here.

I was alerted to this by Kevin Firth when I interviewed him for the Landlord Law Podcast (which is due to be published soon).

However here are a few interesting differences between the new Scottish (draft) regulations and the current English/Welsh ones.

  • There will only be a custodial scheme. The regulations do not make provision for any insured based schemes (such as our TDS and My Deposits schemes)
  • The landlord / agent will have 30 days to register the deposit rather than the 14 days here
  • It looks as if the application of the regulations will be wider than just for ASTs (or the Scottish equivalent) as here, and will cover more tenancy types.
  • Tenants will not be able to apply for the 3x sanction more than three months after the tenancy ends
  • I can’t find any section preventing the landlord from obtaining possession (as in the English / Welsh system he can’t obtain possession under s21) until the deposit has been protected
  • The sections regarding adjudication provide for a review, unlike the English/Welsh schemes where there is no review

It seems like the government has learned from the English / Welsh experience and is trying to make the regulations clearer. What do you think of them?

Photograph by Sheep purple

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About the post author:

Tessa Shepperson

Tessa is a lawyer and specialises in creating products and services which help landlords and letting agents learn and understand landlord & tenant law. For example, she runs the Landlord Law website (now in its 14th year) and is a director of Easy Law Training Ltd and Your Law Store. Tessa also sits on the Property Redress Scheme Council. When not working she enjoys reading, cooking and messing around on the computer. You can also find her on Google

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Tessa is an English lawyer specialising in residential landlord and tenant law.

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