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 obligation as yet to lodge it. This is not necessarily the case!

Regulation 47 says that where a deposit is received before 7 March 2011 and the tenancy renews in the period between 2 October 2012 and 2 April 2013, the deposit must be with the scheme no later than 30 working days after the date of renewal. An example of this is as follows:-

• Tenancy agreement says it continues on a monthly basis after 10 July 2011
• Renewal on 10 October 2012 falls in the period 2 October 2012 to 2 April 2013, meaning that the deposit must be lodged 30 working days after 10 October 2012. The deadline for lodging would be 21 November 2012.

If you do find that you have been caught out under this regulation, you should put the deposit into a scheme and provide the prescribed information to your tenant as soon as possible. You will still be in breach of the regulations, but will simply have to bear the risk of the tenant taking you to court in relation to your breach.

In terms of the regulations, where a landlord is in breach by either failure to lodge the deposit or by failing to provide the prescribed information to the tenant within the relevant timescale, the tenant can raise proceedings in the Sheriff Court seeking payment from the landlord of three times the amount of deposit. If the Sheriff is satisfied the landlord has failed in either of his obligations, he must grant the order for payment.

If you have concerns about the Scottish tenancy deposit scheme deadline or wish clarification as to whether or not you may be in breach of the Regulations, please do not hesitate to contact a member of our LetLaw Team.