The following provides some information about Scottish Government legislation about deposits relating to tenancies. This legislation arose as a result of concerns that some private landlords unfairly withheld tenants’ deposits and it has led to the approval by the Scottish Government of tenancy deposit schemes in Scotland. A tenancy deposit scheme is a scheme provided by an independent third party to protect deposits until they are due to be repaid.
Although the legislation - Tenancy Deposit Schemes (Scotland) Regulations 2011 - came into force on 7 March 2011, the operational date was designated as Monday 2 July 2012.
The legal duties on landlords who receive a deposit in connection with a relevant tenancy are:
• to pay deposits to an approved tenancy deposit scheme
• to provide the tenant with key information about the tenancy and deposit
Full information relating to the legislation can be found on the Scottish Government website.
Safe Deposit Scotland provides a perhaps more readable description of the legislation and how it affects all tenants and landlords.