Tenancy Deposit Scheme - Scottish landlord loses appeal against a decision made at Edinburgh Sheriff Court to hold them liable to pay their tenant three times the deposit taken, after their tenant took them to court over having failed to lodge their deposit in a tenancy deposit scheme.
In the case of Tenzin v Russell & Clark, the landlords had failed to pay a deposit into a tenancy deposit scheme. There was no dispute that they had failed to meet their obligations under the Regulations.
LetLaw have had a number of Tenancy Deposit Scheme queries from landlords and agents regarding the Scottish Tenancy Deposit Scheme deadline, and in particular the rules relating to tenancies which started prior to 7 March 2011.
The Tenancy Deposit Schemes (Scotland) Regulations 2011 provide for different timescales for lodging deposits, depending on when the tenancy commenced and when it renews. Some landlords appear to be of the belief that as long as the deposit was received prior to 7 March 2011, then they have no
Will English Tenancy Deposit Scheme Legislation impact on Scotland? A few months ago, the LetLaw team looked at the English case of Surpere v Nice where a landlord had failed to lodge the deposit with a tenancy deposit scheme.
The English courts have again looked at the tenancy deposit legislation and the impact on landlords if they fail to comply with their duties. As a health warning, it should be noted that the decisions of the courts in England are not binding on the Scottish
All three of the tenancy deposit schemes in Scotland approved by the Scottish Government are now operational! The many different aspects of the tenancy deposit scheme in Scotland have been covered on our blog before however with the official operational date of 2 July 2012 having passed, it would be a good time to remind landlords of the timescales involved to ensure they are complying with their duties. Rest assured, there is no need to panic just yet!
Landlords in Scotland will need to lodge
The Scottish Government has approved its first Tenancy Deposit Scheme! There are now vital dates in place that you really can't ignore. Ministers have announced that the scheme proposed by Letting Protection Scotland has been given the green light to become operational under the Tenancy Deposit Scheme Scotland Regulations 2011, with effect from Monday 2 July 2012.
Meanwhile, two other schemes, namely SafeDeposits Scotland and MyDeposits Scotland, are hoping to be approved and ready to commence on 2nd July. All being well, landlords will
At the inaugural LetLaw Legal Update seminar in Glasgow, the hot topic was the launch of the Scottish tenancy deposit scheme and how this will work in practice.
Whilst there was plenty of discussion surrounding ways of avoiding the scheme (!), the primary concern of both landlords and letting agents appeared to be what would happen if a scheme was to fail.
The Tenancy Deposit Scheme Regulations 2011 were issued by the Scottish Government earlier this year.? Under those Regulations, any organisation who applies to
