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Tenancy Deposit Scheme

Regulations for Tenancy Deposit Schemes were laid before the Scottish Parliament on 24 January 2011 and came into force in July 2012. The Regulations apply to tenancies where the landlord requires to register as a landlord under the Antisocial Behaviour etc (Scotland) Act 2004.

Paying in the Deposit

A Landlord/Letting Agent must pay a deposit into a scheme within 30 working days of the start of the tenancy and give you, the tenant, information about the scheme.

On receiving the deposit the administrator will issue confirmation to the Landlord/Letting Agent and the tenant, and provide the tenant the name and contact details of the Landlord/Letting Agent and the administrator.
 

Reclaiming the Deposit

The Landlord/Letting Agent must apply specifying the date the tenancy ended and the amount of the deposit which he considers should be paid to the tenant. The tenant may also apply but if the landlord has applied or does so within 30 working days of the tenant’s application, the administrator cannot progress repayment to the tenant.

Where the Landlord/Letting Agent applies, the administrator will notify the tenant requiring the tenant to confirm (a) if he/she agrees or wishes to dispute the claim (b) whether the tenant wishes to use the resolution mechanism (c) to advise of the sum the tenant considers should be repaid.

Time limits are built in to protect tenants and landlords if one party fails to reply to the scheme administrator's requests for information.

Dispute Resolution

If the Landlord/Letting Agent and tenant agree to use dispute resolution mechanism the dispute is referred to an adjudicator. The adjudicator must determine the dispute and issue his decision within specified time limits.

If the resolution process is abandoned (which needs the consent of both parties) the administrator must, within 5 working days, either pay the deposit in accordance with any agreement reached or otherwise in accordance with the landlord’s original application.

The dispute resolution process will be free of charge. It will not be compulsory but must be used if a tenant requests it. Landlords may request a referral but it will only be made with tenant 's consent.

Tenancy Scheme Provider

At Cunninghame Properties our chosen scheme provider is My Deposits Scotland



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