No longer can Landlords keep a tenants deposit. It is now against the law to do so and can be very costly for a Landlord if they fail to do so.
Landlords need to know that once they have received a deposit from their tenant this must, without question, be lodged with an approved ‘scheme administrator’ (e.g. Safe Deposit Scotland) within 30 working days of the beginning of the tenancy.
If you don’t then your tenant can apply to the Court for an order against you. If you have failed to lodge a deposit with an approved administrator within 30 working days then the Sheriff can award up to three times the deposit to the tenant, simply because you did not lodge the deposit with an authorised scheme administrator within the timescales
Cases are already starting to emerge where tenants have been successful against their Landlords and there is likely to be a lot more coming.
If you are a Landlord and need any advice over any aspect of your tenancy we can help you. Call our office on 0141 433 2626 and arrange to see one of our specialist lawyers in this complex area. We will make matters clearer for you.