The Government has just approved the first Tenancy Deposit Scheme with a launch date of 2^nd July 2012. 

Two further schemes are still being considered, with the intention of all three being operational at the start of July.From this date it will be compulsory for landlords and letting agents in Scotland to protect their deposits with a Government approved scheme.
If you would like further information on how the regulations will affect you please contact our office.

Happy Lets were proud to take part in the Wiseman Welly Walk in Glasgow’s Bellahouston Park on Sunday 4th March. A great day was had by all and the event has raised over £25000 so far for The Prince and Princess of Wales Hospice in Glasgow!

Happy Lets alone have raised £910 but our sponsorship page is still open and would welcome any donations for this fantastic cause.

You can sponsor us by following the link http://www.everydayhero.co.uk/happy_lets

The contract will initially be for a 5 month period however this may be extended or lead to a permanent position.

Please contact preet@happylets.co.uk for full vacancy details.

What do the regulations do?

The Tenancy Deposit Schemes (Scotland) Regulations 2011 became law on 7 March 2011. The regulations set out the framework for the approval of tenancy deposit schemes. This paves the way for potential scheme providers to develop and submit proposals for the operation of tenancy deposit schemes to Scottish Ministers for consideration.

What is a tenancy deposit scheme?

A tenancy deposit scheme is a scheme designed to protect tenants’ deposits by placing them with an independent third party. 

Why introduce tenancy deposit schemes?

The main objectives of requiring deposits to be safeguarded by tenancy deposit schemes are:

·       To end the practice of unfairly withholding deposits;

·       To ensure that deposits are safeguarded throughout the duration of the tenancy;

·       To ensure that deposits are returned quickly and fairly, particularly where there is a dispute over the return of the deposit, or proportion of it, to tenant or landlord.

What will tenancy deposit schemes look like?

• Tenancy deposits will be protected by an independent third party  Landlords must submit deposits to the administrator of an approved scheme. The deposit will be protected in a designated account until it is due to be repaid.

• Schemes will be free to landlords  Tenants will not have to pay a charge to their landlord, or to the scheme in order to protect their deposits.

• Quick repayment of deposits where there is no dispute  Landlords will apply for the return of the deposit when the tenancy ends. The scheme administrator must return the deposit within five working days of obtaining agreement by the tenant.

• Free access to an independent dispute resolution service  Every approved scheme must provide a way for disagreements over the return of deposits to be resolved.  This service will be available as an alternative option to the tenant taking legal action for recovery of a deposit through the court.

• Provision of information  Landlords will be required to issue the tenant with key information relating to the tenancy, deposit and the scheme that safeguards the deposit. Approved schemes will also be required to produce an information leaflet detailing their rules and procedures.

• Provision of information to local authorities  Landlords must provide information about their registration status on submission of a deposit to an approved scheme. This information will be referred to the relevant local authority to assist with identification of unregistered landlords and/or properties.

• Sanctions for non compliance  Tenants will be able to apply to the court for sanctions to be applied against a landlord who fails to protect deposits and/or provide information in accordance with the regulations.

• Schemes must be self-financing  Scheme proposals must demonstrate a robust business plan that will enable the scheme to operate without the need for reliance on subsidy from the taxpayer.

• Performance monitoring and review  Approved schemes will be monitored on a regular basis by means of quarterly and annual reports. A set of Key Performance Indicators have been developed to aid assessment of key activities.

When will tenancy deposit schemes be implemented?

Scottish Ministers are now able to consider proposals for the operation of tenancy deposit schemes, which they will assess against the conditions that are set out in the regulations. 

Once any suitable proposals have been received and approved, details of the schemes and the dates on which they will be available for use will be announced in due course.

What will the regulations mean for landlords?

Once a tenancy deposit scheme is approved, any tenancy deposit accepted by a landlord must be deposited with an approved scheme within 30 working days of the commencement of a tenancy.

At the same time the landlord must ensure that key information is provided to the tenant, including details about the amount of the deposit and the location of the scheme where it is being held.

The deposit will then be kept by the scheme administrator in an account maintained for the purpose of holding tenancy deposits until they are repaid. The landlord must also provide proof of registration with the local authority when the deposit is paid over.

These duties relating to tenancy deposit regulations will not apply until an approved scheme is implemented. 

Which landlords must comply with the regulations?

Every landlord that is required to register in the local authority register of landlords, in accordance with the Antisocial Behaviour etc. (Scotland) Act 2004 (landlord registration), will need to comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011.

This includes landlords of assured and short assured tenancies, university accommodation, as well as various other types of occupancy arrangement. 

When must deposits be protected?

This will vary, depending on when the deposit was received, and when the first scheme becomes operational.

All deposits received after a scheme first becomes operational must be submitted to an approved scheme, and information provided to tenants within 30 working days of the start of the tenancy.

Landlords already holding deposits before a scheme becomes operational must also protect deposits but will be allowed more time to submit them to an approved scheme.

What will the regulations mean for letting agents?

The duties in relation to tenancy deposits apply to landlords, as the person requiring the deposit. This does not mean that the landlord cannot employ an agent to act on his behalf to manage a tenancy, as they do now.

However, it will be in the interests of landlords who employ a letting agent to act on their behalf to satisfy themselves that the agent is acting in accordance with the regulations i.e. submitting deposits to an approved scheme and providing information to the tenant within the required timescales.

Any sanctions imposed as a result of an application by the tenant to a sheriff for non-compliance with the regulations, would apply to the landlord. The landlord may take action against the agent through the court if there has been a breach of contract, as is the case now.

Further information

Information about the regulations and tenancy deposit schemes can be found on the Scottish Government website at http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent

A copy of the Tenancy Deposit Schemes (Scotland) Regulations 2011 can be found on the UK legislation website at www.legislation.gov.uk.

What is a tenancy deposit scheme?

A tenancy deposit scheme is a scheme designed to protect tenants’ deposits by placing them with an independent third party. 

Why introduce tenancy deposit schemes?

The main objectives of requiring deposits to be safeguarded by tenancy deposit schemes are:

·       To end the practice of unfairly withholding deposits;

·       To ensure that deposits are safeguarded throughout the duration of the tenancy;

·       To ensure that deposits are returned quickly and fairly, particularly where there is a dispute over the return of the deposit, or proportion of it, to tenant or landlord

When will a tenancy deposit scheme be available?

On 7 March 2011, regulations to provide for tenancy deposit schemes in Scotland became law.

This means that Scottish Ministers are now able to consider proposals for the operation of tenancy deposit schemes, which they will assess against the conditions that are set out in the regulations. 

Once any suitable proposals have been received and approved, details of the schemes and the dates on which they will be available for use will be announced in due course.

What will a tenancy deposit scheme mean for you?

• Tenancy deposits will be protected  Landlords must submit deposits to the administrator of an approved scheme. The deposit will be protected in a designated account until it is due to be repaid.

• Schemes will be free to tenants  Tenants will not have to pay a charge to their landlord, or to the scheme in order to protect their deposits.

• Quick repayment of deposits where there is no dispute  Landlords will apply for the return of the deposit when the tenancy ends. The scheme administrator must return the deposit within five working days of obtaining agreement by the tenant.

• Free access to an independent dispute resolution service  Every approved scheme must provide a way for disagreements over the return of deposits to be resolved.  This service will be available free of charge as an alternative option to the tenant taking legal action for recovery of a deposit through the courts.

• Provision of information  Landlords will be required to issue the tenant with key information relating to the tenancy, the deposit and the scheme that safeguards the deposit. Approved schemes will also be required to produce an information leaflet detailing their rules and procedures.

• Sanctions for non-compliance  Tenants will be able to apply to the court for sanctions to be applied against a landlord who fails to protect deposits and/or provide information in accordance with the regulations. Financial penalties, payable to the tenant, will be imposed on landlords who fail to comply. 

Whose tenancy deposits will be protected?

Every landlord that is required to register in the local authority register of landlords, in accordance with the Antisocial Behaviour etc. (Scotland) Act 2004 (landlord registration), will need to comply with the Tenancy Deposit Schemes (Scotland) Regulations 2011.

This includes landlords of assured and short assured tenancies, university accommodation, as well as various other types of occupancy arrangement.

If you are unsure about whether your deposit should be protected you should independent advice.  

When must deposits be protected?

This will vary, depending on when the deposit was received, and when the first scheme becomes operational.

All deposits received after a scheme first becomes operational must be submitted to an approved scheme, and information provided to tenants within 30 working days of the start of the tenancy.

Landlords already holding deposits before a scheme becomes operational must also protect deposits but will be allowed more time to submit them to an approved scheme. 

Further information

More detailed information about the regulations and tenancy deposit schemes can be found on the Scottish Government website at

http://www.scotland.gov.uk/Topics/Built-Environment/Housing/privaterent

A copy of the Tenancy Deposit Schemes (Scotland) Regulations 2011 can be found on the UK legislation website at www.legislation.gov.uk.

Taking part in the awards alone demonstrates our efforts to provide the highest level of service to our clients and we are therefore delighted to be shortlisted in the Scotland Letting Agent category.

Winners will be announced on 15^th April 2011.

We are currently looking for a lettings administrator/viewing agent to join our Happy Lets Team in Hamilton!

For full vacancy information please email preet@happylets.co.uk

Up to 750 landlords are expected to benefit on a first-come first-served basis from the 9 November 2010.

Landlords can apply for the voucher by calling the Home Energy Scotland Hotline on 0800 512 012.

For more information please see the following

http://www.energysavingtrust.org.uk/scotland/Scotland-Welcome-page/Business-and-Public-Sector-in-Scotland/Private-Sector-Landlords/Private-Sector-Landlords-Boiler-Scrappage-Scheme

http://www.energysavingtrust.org.uk/scotland/Scotland-Welcome-page/Business-and-Public-Sector-in-Scotland/Private-Sector-Landlords/Private-Sector-Landlords-Boiler-Scrappage-Scheme/Private-Sector-Landlord-Boiler-Scrappage-Scheme

Some of the things you can do to immediately reduce your carbon footprint are:

• Turn it off when not in use (lights, television, DVD player, Hi Fi, computer etc. etc. …) Click here to find out which electrical items in your household are contribute the most to your Carbon Footprint
• Turn down the central heating slightly (try just 1 to 2 degrees C)
• Turn down the water heating setting (just 2 degrees will make a significant saving)
• Check the central heating timer setting – remember there is no point heating the house after you have left for work
• Fill your dish washer and washing machine with a full load – this will save you water, electricity, and washing powder
• Fill the kettle with only as much water as you need
• Do your weekly shopping in a single trip
• Hang out the washing to dry rather than tumble drying it
• Sign up to a green energy supplier, who will supply electricity from renewable sources (e.g. wind and hydroelectric power) – this will reduce your carbon footprint contribution from electricity to zero

For further information please visit www.carbonfootprint.com

Your landlord’s own insurance won’t cover you if you accidentally damage their property, and it definitely won’t cover you if your own belongings are damaged or stolen from your home.

No matter how careful you are, it is possible for things to get damaged and sometimes through no fault of your own.  A suitable insurance policy won’t just protect your belongings; it’ll keep your deposit in one piece too.

There are many policies on the market specifically designed for tenants.  They cover the cost of replacing your own items, include cover against accidental damage to your landlords contents, fixtures and fittings, and therefore protect you against losing your deposit if your landlord’s property gets damaged.

For more information please contact our office and we can provide you with information on this cover.