The Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Tenancy Deposit Schemes (Scotland) Regulations 2011 (“the principal Regulations”).

Regulation 2(2) amends regulation 3 of the principal Regulations by (i) providing for an exception to the requirement for a landlord to pay a deposit into the scheme where the tenancy has terminated and the deposit is repaid to the tenant prior to the expiry of the period of 30 working days from the beginning of the tenancy and (ii) making provision for deposits paid in instalments.

Regulation 2(3) amends regulation 22 of the principal Regulations to require the scheme administrator to provide the tenant with details of the sanctions contained in regulations 9 and 10 of the principal Regulations where the landlord has paid the deposit into the scheme after the expiry of the 30 working days period.

Regulation 2(4) amends regulation 25 of the principal Regulations by (i) providing that the scheme administrator must, upon receipt of an application for repayment of a deposit from a landlord, provide the tenant with details of the sanctions contained in regulations 9 and 10 of the principal Regulations where the landlord has paid the deposit into the scheme after the expiry of the 30 working days period and (ii) making provision to disapply the requirements of paragraph (1) where the landlord does not apply for payment of any part of the deposit.

Regulation 2(5) amends regulation 26 of the principal Regulations by providing for the expedition of the repayment of a tenancy deposit to the tenant where the landlord does not apply for payment of any part of it.

Regulation 2(6) amends regulation 42 of the principal Regulations by providing that the landlord must provide certain information to the tenant upon receipt of each instalment of the deposit.

Regulation 2(7) amends regulation 45 of the principal Regulations by changing the last date for delivery of the annual report on the operation of the approved scheme from 15 May to 31 August.

No business and regulatory impact assessment has been prepared for these Regulations as no significant impact is foreseen on business charities or voluntary bodies.