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Tenant-Matters

Collect resources to support tenants rights 💪

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Home | Housing and Property Chamber

Resolving a rented housing dispute - mygov.scot

Ombudsmen

Citizens Advice Scotland

Charity Organizations

1 - Shelter Scotland 🌟

Shelter Scotland have plenty of advice, including a benefits calculator, on their website. Or you can call their free national helpline for advice. Make sure you say you’re calling from Scotland as advice for people living here will be different from that given for England and Wales. Telephone helpline: 0808 800 4444 Website: https://scotland.shelter.org.uk

First, check if your deposit protected by deposit protection schemes

  • Deposits - Shelter Scotland

  • Tenancy deposit schemes - Shelter Scotland

    • Tenancy deposit schemes

      Private landlords, letting agents and student accommodation providers have to protect your deposit in a tenancy deposit scheme. They must do this within 30 working days of your tenancy starting.

      A tenancy deposit scheme is where your deposit money will be stored during your tenancy. It protects your deposit. It prevents the landlord taking money out of the deposit during your tenancy.

      There is no cost for the tenant when a landlord protects a deposit.

      There are three schemes that are Scottish Government approved.

      Be wary if a letting agent or landlord asks you to use any scheme for deposits other than those listed above. Read any small print before agreeing to use any other scheme as they will not offer the same protection.

  • Deposits that do not need to be protected - Shelter Scotland

    • Your deposit does not need to be protected with a deposit scheme if:

      • you live with your landlord
      • your landlord is a family member
      • you stay in a holiday home
      • you stay in a property used by a religious organisation
      • you live in supported accommodation
      • you have an agricultural or crofting tenancy

      Most other deposits will need to be protected in a deposit protection scheme.

If your deposit should be protected by schemes:

  • If you think the landlords make deductions from your deposit unreasonably

    • Tools and Guides - SafeDeposits Scotland

    • Getting your protected deposit back

      Your landlord should tell the tenancy deposit scheme when your tenancy ends. They will tell the scheme if they want to make deductions from your deposit before it is returned to you.

      The deposit scheme will ask you if you agree with the deductions. If you do not agree then you can request a dispute resolution.

      Dispute resolution for protected deposits

      If you ask to use the resolution process then your landlord has to enter into it with you.

      You may need to show that you have tried to negotiate with your landlord first.

      The scheme will take into account evidence that you and your landlord give them. A decision should be reached within 20 working days.

      You can ask for a review if you disagree with the decision.

      Safe Deposits Scotland guidance on how the dispute process works.

  • If you think your deposit is not protected

    Contact each of the three deposit schemes and ask if your deposit is protected with them.

    Each scheme has an enquiry form to request this information. You can also call them. These telephone numbers may not be free to call.

    MyDeposits Scotland

    Deposit enquiry form 0333 321 9402

    Safe Deposits Scotland

    Deposit Enquiry Form 03333 213136

    Letting Protection Service Scotland

    Deposit Enquiry Form 0330 303 0031

    If the deposit is not protected with any of the schemes you will be entitled to compensation. Getting written confirmation from each scheme is important evidence to have when applying for compensation.

    Getting your unprotected deposit back

    If your landlord does not return your unprotected deposit at the end of your tenancy you can claim the money back. The tribunal can order the landlord to pay the money back to you.

    Use [application form F to apply to the tribunal](https://www.housingandpropertychamber.scot/sites/default/files/hpc/Form F Civil Proceedings Application [Revised May 2018].pdf). Include in your application:

    • what money you believe you are owed
    • evidence of you paying the landlord a deposit, such as a bank statement or receipt from the landlord
    • evidence that it was not protected with a scheme

    If you have a private residential tenancy the tribunal rule number is 111. For an assured or short assured tenancy it is rule 70.

    This is separate from applying for compensation. It can be made at the same time if you want to get your deposit back and get compensation as well.

if your deposit does not need to be protected by scheme

Deposits that do not need to be protected - Shelter Scotland

claim the money back in court

How to complain about your letting agency - Shelter Scotland

You can take your landlord to the Sheriff Court to get your deposit back under Simple Procedure, Claim Form 3A https://tinyurl.com/yc7dpff3 You can search for legal advice here: https://www.slab.org.uk/

2 - Law Society of Scotland

You may also wish to seek advice about whether there is a legal route for your concerns. The Law Society of Scotland may be able to help you find a solicitor. Telephone: 0131 226 7411 Website: www.lawscot.org.uk

3 - Money Advice Scotland

Money Advice Scotland

4 - Living Rent Edinburgh

Legal Advice

CASTLEMILK LAW & MONEY ADVICE CENTRE

Legal Services Agency

Free Legal Advice Centre | Edinburgh Law School

  • To arrange an appointment, please email freelegaladvice@ed.ac.uk or call 0800 073 0150 (voicemail only) and confirm your full name, postal address including post code, email, telephone number and a brief summary of the issue you are looking for advice on.

Going to Court

Before using the courts - Write to the person

Write to the person causing your housing problem and say what you want them to do. Putting your concerns in a letter could get it fixed without using the courts.

If you have a dispute with the person you rent from, make an official complaint. Follow our guidance on complaining about:

Small claim court (England)

Make a court claim for money: What a court claim is - GOV.UK

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Simple Procedure (Scotland)

  • Simple procedure
  • Court Fee
    • As from 28 NOVEMBER 2016, if you are raising a claim which has a monetary value of £5000 or less which seeks payment, delivery, recovery of possession or an order for someone to do something specific, you should use the SIMPLE PROCEDURE.
    • Fee payable from 1st April 2020:
    • To lodge a summons for summary cause or claim form for simple procedure cases in actions for sums of money £300 or less (or 250 euros for European small claim) - £19
    • To lodge a summons or claim form in all other actions - £106
    • Marking of an appeal - £62 (Sheriff Appeal Court fees due in relation to appeal procedures can be found in the Sheriff Appeal Court Fees (Civil) section of the SCTS website)
    • The SCTS will contact you if service by a sheriff officer is required.  Service of summons or claim form by sheriff officer - £13 plus Sheriff Officer's fee
  • ACT OF ADJOURNAL (CRIMINAL PROCEDURE RULES) 1996 SI 1996/513

Find a mediator

  • To find an appropriate mediator close to you search here or call the Scottish Mediation Helpline on 0131 556 8118.
  • Find a mediator

Tips

  1. If the agent always talks to you about important things by phone, you should ask them to write an email to you as your written proof.

  2. Take pictures of room condition when move in/out and keep evidense.

  3. A deposit cannot be used to replace items that are damaged or worn due to normal wear and tear. This includes worn carpets and furniture. Property Mark's guide to fair wear and tear.

When you pay your deposit

Make sure you:

  • agree the deposit amount in writing (including what it may be used for)
  • get a receipt for the amount paid
  • understand how it will be returned at the end of your tenancy

Check the property and the items on the inventory when you move in. Take photos of their condition. This can help if there is a dispute at the end of the tenancy.

You can create your own inventory if your landlord does not provide one.

Other Websites

Turn2Us - Advice Finder - Community Help and Advice Initiative - Edinburgh

Turn2Us - Advice Finder - Edinburgh University Students Association - Edinburgh

Turn2Us - Advice Finder - Community One Stop Shop (Broomhouse) - Edinburgh

Turn2Us - Advice Finder - Granton Information Centre - Edinburgh

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Collect resources to support tenants rights