The Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019
| Jurisdiction | Scotland |
| Citation | SSI 2019/331 |
2019 No. 331
Housing
The Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019
Made 21th October 2019
Coming into force 11th November 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 121(1) and 191(2) of the Housing (Scotland) Act 20061and all other powers enabling them to do so.
In accordance with section 191(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Tenancy Deposit Schemes (Scotland) Amendment Regulations 2019 and come into force on 11 November 2019.
Amendment to the Tenancy Deposit Schemes (Scotland) Regulations 2011
2.—(1) The Tenancy Deposit Schemes (Scotland) Regulations 20112are amended in accordance with paragraphs (2) to (7).
(2) In regulation 3 (duties in relation to tenancy deposits)—
(a)
(a) after paragraph (1) insert—
“1A Paragraph (1) does not apply—
(a) where the tenancy comes to an end by virtue of section 48 or 50 of the Private Housing (Tenancies) (Scotland) Act 20163, and
(b) the full amount of the tenancy deposit received by the landlord is returned to the tenant by the landlord,
within 30 working days of the beginning of the tenancy.”, and
(b)
(b) after paragraph (2) insert—
“2A Where the landlord and the tenant agree that the tenancy deposit is to be paid in instalments, paragraphs (1) and (2) apply as if—
(a) the references to deposit were to each instalment of the deposit, and
(b) the reference to the beginning of the tenancy were to the date when any instalment of the deposit is received by the landlord.”.
(3) In regulation 22(2) (payment of tenancy deposits to a tenancy deposit scheme)—
(a)
(a) after subparagraph (d) omit “and”, and
(b)
(b) at the end of sub-paragraph (e) insert—
“, and
(f)
(f) details of the sanctions contained in regulations 9 and 10 (First-tier Tribunal orders).”
(4) In regulation 25 (application for repayment of a tenancy deposit)—
(a)
(a) after paragraph (1)(d) omit “and”,
(b)
(b) at the end of paragraph (1)(e) insert—
“, and
(f)
(f) where a tenancy deposit was paid by the landlord to the scheme administrator later than the date set out in regulation 3(1) (duties in relation to tenancy deposits), inform the tenant of the sanctions contained in regulations 9 and 10 (First-tier Tribunal orders).”.
(c)
(c) after paragraph (2) insert—
“3 Paragraph (1) does not apply where a landlord’s application under regulation 24(1) specifies that the amount to be repaid to the landlord in accordance with regulation 24(2)(b) is zero.”.
(5)...
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