“A tenancy deposit is a sum of money which a landlord may ask a tenant to pay at the start of a tenancy. The landlord holds the money as security against the tenant not meeting their obligations in connection with a tenancy or occupancy arrangement. The tenancy agreement should set out the circumstances in which the deposit may be withheld by the landlord at the end of the tenancy. For example, the landlord may decide to keep some or all of a deposit if it is needed to pay for:
- damage the tenant has caused to the property
- cleaning bills if the property has been left in poor condition
- bills that are left unpaid, for example fuel or telephone bills
- any unpaid rent.”
The scheme has arisen out of concerns that some private landlords unfairly withhold tenants’ deposits led to provisions in the Housing (Scotland) Act 2006, for The Scottish Government to bring forward regulations for a tenancy deposit scheme in Scotland.
The Tenancy Deposit Schemes (Scotland) Regulations 2011 came into force on 7 March 2011. The Regulations set out the conditions that all schemes must meet before they can be approved by the Scottish Ministers. The scheme is now operational as of 2nd July 2012.
A tenancy deposit scheme is a scheme provided by an independent third party to protect deposits until they are due to be repaid.
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