Key information for tenants during the COVID-19 outbreak

The coronavirus pandemic has required us all to change how do things so we can work together to stop the virus. This has understandably raised several questions and concerns for tenants. The Scottish Government has created the following guidance for tenants to help them through this difficult time.

Key information for tenants in the private rented sector during the COVID-19 outbreak

To help you understand your rights and access information about the support available, the Scottish Government has worked with tenants’ rights groups, landlord and letting agent representatives and the tenancy deposit schemes to send you links to key information for tenants in the private rented sector.

We hope you find this helpful.

Renters’ rights

• Protection from eviction during coronavirus

• Repairs and landlord access to your home

Discretionary Housing Payments (DHPs)

If you rent your home, and you get Housing Benefit or Universal Credit, but still can't afford your housing costs, you may be eligible for a Discretionary Housing Payment. You can find more information on DHPs, and how to apply by clicking here.

Financial support

If you have less money because of COVID-19 or have questions on work, including information on the furlough scheme or are self-employed, this Citizens Advice Scotland page provides advice and information. There is also advice about being aware of coronavirus scams.

If you want to talk through your problems with an independent impartial expert adviser or have a question that isn't answered here, you can go to https://www.cas.org.uk/ to find your local CAB's contact details or phone the Scottish Citizens Advice Helpline on 0800 028 1456.

If you are having trouble paying your rent or have questions about financial support or if you are struggling with gas and electricity bills Shelter Scotland has advice and information on this page.

You can contact Shelter Scotland on their helpline or for a digital chat option here.

There’s also information on financial support for unpaid carers.

Other issues

• Information for those suffering domestic abuse

• If you are self-isolating or shielding and don’t have family, friends or neighbours who can help you, there is a national helpline you can call: national assistance helpline on 0800 111 4000, Monday to Friday 9am to 5pm. More information here.

• When will people be able to move house again?

If you are a young person

Young Scot has information specifically for 11-26 years olds about looking after your finances during coronavirus, how your work might be affected coronavirus, looking after your mental health and wellbeing, and other issues.

If you identify as LGBTQ+

Stonewall Scotland provide links to a range of support services.

If you are disabled

Disability information Scotland provide a range of information via their website and phone line. The phone-line is staffed between 9:30 and 4pm it can be reached by calling 0300 323 9961.

Amendments to Scottish Regulations

First introduced on 7 March 2011, the Scottish Tenancy Deposit Schemes Regulations state that all landlords and letting agents in receipt of tenancy deposits must transfer the deposit to a government approved tenancy deposit protection (TDP) scheme within 30 working days of the tenancy start date. They also need to provide all tenants on the tenancy agreement with certain information, including which scheme holds the deposit and circumstances where any of the deposit might be kept at the end of the tenancy.

On 11 November 2019, several amendments to the original regulations were introduced. To help you stay fully informed, we’ve outlined the main amendments below. You can find the fully updated regulations here.

1) Exception introduced to landlord’s requirements to pay a deposit into a TDP scheme within 30 days:

Landlords have to pay deposits into a TDP scheme within 30 days but the latest amendments outline an exception; if a tenancy is terminated and the deposit returned to the tenant before the end of the 30-day period, the rule no longer applies.

2) Provision added to allow payment of deposits in instalments

Sometimes, landlords may want to allow tenants to pay the deposit for the tenancy in instalments rather than all at once. This can can be helpful in shared tenancies, for instance, where tenants have different move-in dates. Although this flexibility is now outlined in the regulations, it has been something we’ve allowed our clients to do for many years.

3) Tenancy Deposit Schemes must inform tenants of the sanctions that apply to landlords who haven’t paid a deposit into the scheme within the designated period

The scheme holding the deposit must now tell tenants about the sanctions that can be placed on landlords who may not have complied with the outlined requirements. We’ve therefore added a new information box to our deposit submission notifications, incremental deposit payment notifications, deposit repayment notifications and deposit repayment reminder notifications. Here’s what the information says:

4) Landlords must provide certain additional information to tenants upon receipt of each instalment of their deposit

From now on, when payment of each deposit instalment is made to a TDP scheme, landlords have to provide tenants with the information below, updated to reflect the fact that tenants can pay their deposits in instalments

New electrical safety regulations for Scotland's landlords

New electrical safety regulations for Scotland’s private rented sector come into force on 1 December, requiring landlords to conduct electrical checks on their properties. To explain the rationale behind the new law and your responsibilities as a landlord, we’ve invited Phil Buckle, Director General of the charity Electrical Safety First, to give you the lowdown on the changes.

Scotland’s PRS has more than doubled in size in the last ten years. Yet in 2012, almost two thirds of PRS homes failed to meet the Scottish Housing Quality Standard and concern over disrepair and safety in the sector inevitably increased – particularly since poor electrics are often ‘invisible’, lying undiscovered until a serious accident occurs.
 
That’s why last year’s Scottish Housing Act included a requirement for regular electrical checks of both the electrical wiring and fittings etc. in all PRS homes by a registered electrician, and any electrical items provided as part of the tenancy. The regulation will come into effect from 1 December this year for tenancies that begin on or after this date.  Existing tenancies will be covered by the regulation from 1 December 2016, giving landlords time to organise inspections for their properties. 

Electrical checks must be undertaken at least every five years, and landlords will need to provide tenants with a copy of the latest Electrical Inspection Condition Report (EICR). Testing must be undertaken by an electrician who’s registered with one of the government’s approved schemes (to find an electrician in your area, click here). 

All electrical appliances that have been checked should carry a Portable Appliance Testing (PAT) sticker. The Scottish Government’s guidance also recommends – but has not made mandatory – the installation of a Residual Current Device in the fuse box of all rented homes, which will rapidly cut off the current to prevent electric shock.  

Electrical Safety First led a wide coalition of stakeholders – including the Scottish Association of Landlords, Shelter Scotland, the Royal Institute of Chartered Surveyors Scotland and the Association of Residential Letting Agents - in the call for regular electrical checks. In addition to providing additional security for tenants, it was also seen as beneficial to landlords, who can face significant financial risks from fires and invalidated insurance claims, if they fail to ensure electrical safety in their rented properties. 

As there has been a long-standing requirement for landlords to provide an annual gas safety certificate, this new duty is seen as beginning to bring electrical safety on par with gas, and is a small price to pay for landlords to ensure the safety of their property and their tenants. Electrical Safety First is now working with Westminster and politicians in Wales and Northern Ireland, to ensure that this essential safety requirement is extended to tenants and landlords throughout the UK.

For more detailed information on the new regulation, visit www.prhpscotland.gov.uk/new-legislation-website-changes 

Electrical Safety First has also produced a Landlord’s Guide to Electrical Safety (Scotland) which you can find here.

Potential changes to requirements for Scottish letting agents

Under the Housing (Scotland) Act 2014, the Scottish Government has released a consultation regarding a framework for the regulation of letting agents in Scotland.

The consultation includes proposals on a range of topics including:

> a mandatory register of letting agents with an associated ‘fit and proper’ person test;

> a training requirement that must be met to be admitted to the register;

> a statutory code of practice all letting agents must follow;

> a way for tenants and landlords to resolve complaints against letting agents for breaches of the statutory Code of Practice through a new specialist First-tier Tribunal; and

> powers for Scottish Ministers to obtain information and to inspect to monitor compliance and enforce regulatory requirements.

You can read the paper and respond via the Scottish Government website. Responses can be submitted online up to Sunday 15 November 2015. 

Scottish Government approves The LPS Scotland as the first ever deposit protection scheme

I am delighted to announce that tenants, landlords and letting agents in Scotland are a step closer to guaranteed deposit protection, with the Scottish Government confirming it has approved its first deposit protection scheme, The Letting Protection Service Scotland (The LPS Scotland). The scheme has been given the go ahead to launch on July 2^nd.

Having already established The Deposit Protection Service (The DPS) in England and Wales, we already have five years’ experience of running a similar custodial scheme and know how to support landlords and letting agents through the transition of new legislation. The LPS Scotland will use this knowledge to provide fast, free and secure deposit protection to support Scottish landlords and letting agents in complying with regulations.

Learn more

A reminder that you can access helpful information about our service via a page on The LPS Scotland website.  Here you can view and download documents and familiarise yourself with our processes. You may find the following information particularly helpful:

Experience Matters – an overview of The LPS Scotland - Does exactly what it says on the tin. Provides an overview of The LPS Scotland and each process involved from registering to alternative dispute resolution.

Best practice in deposit protection for landlords - List of the key things you’ll need to remember with regards to tenancy deposit protection, including the importance of repayment IDs and tenants’ contact details.

Registering with The LPS Scotland - Process flow diagram that explains how to register with us.

Submitting a deposit - Process flow diagram that explains how to submit deposits once registered with The LPS Scotland

Events

We also regularly attend and organise events to ensure landlords and letting agents are kept up to date with the legislation, what it will mean for you and how The LPS Scotland will work.

We will be confirming a number of new events over the next few months, full details of those events can be found here.  Or, if you’d like us to send you more information on The LPS Scotland following approval from Scottish Government, send us an email or visit our website.

We’ll keep you up to date on developments here on the blog and you can also follow us on Twitter – @LPS_Scotland

Countdown begins to teach Scottish landlords about new deposit responsibilities

The countdown has begun to educate Scotland’s landlords, letting agents and tenants about tenancy deposit protection. The legislation came into force in March 2011 and landlords and letting agents will shortly be required by law to hand that deposit over to an approved third-party custodial scheme – like The LPS Scotland - to ensure it is properly protected.

The Scottish Government implemented the legislation after its research found that 8,000 – 11,000 tenants a year had part or all of their deposits unfairly withheld, equating to between £2.2 and £3.6 million*.

With over 5 years’ experience of running a similar custodial scheme, we know that educating landlords, letting agents and tenants is essential if the legislation is to be effective.

Landlords need to be aware of their new responsibilities to ensure that they don’t fall foul of the regulations and tenants also should take time to learn about the new legislation, to make sure their deposit is securely protected within the new 30 day timeframe.

The new legislation will go a long way to giving tenants, landlords and letting agents the reassurance that deposits are secured properly and the return of money at the end of the tenancy is structured and fair.

We’ve been in Scotland all week speaking at events in Edinburgh, Glasgow and Aberdeen to ensure this message is getting out to the Scottish market and we’ll be setting up further sessions, including an online webinar in the next few weeks.

You can stay up to date with the latest news either here, or on our website and we’ll post details of future events as soon as they become available.

You can also follow us on Twitter - @LPS_Scotland

_{The LPS Scotland is in the process of being approved by the Scottish Government to protect tenancy deposits on behalf of tenants, landlords and letting agents. The service will be free to use and run by Computershare Investor Services PLC which also operates The DPS the only UK-based custodial deposit protection scheme.}

Scotland a step closer to tenancy deposit protection

Our application to run a custodial tenancy deposit protection scheme in Scotland has entered public consultation; you can now view the terms and conditions of our scheme on the The Scottish Government website. The consultation is required by Part 4 of the Housing (Scotland) Act 2006 and will look at the proposed framework of our scheme to ensure it meets all the conditions set out in the Tenancy Deposit Schemes (Scotland) Regulations 2011.

As our operating company also runs the only custodial scheme in England and Wales (The DPS), our application to Scottish Government has benefited from this wealth of experience – we know the process inside and out. We’re experienced in fast deposit repayment, having returned over 900,000 since launch, we have extensive customer support channels online as well as an effective call centre and text messaging service and our adjudicators have resolved over 12,000 disputes quickly and efficiently. Everything we have developed over the last 5 years in England and Wales will be brought to The LPS Scotland service and whilst there are some differences between the Scottish legislation and that in place in England and Wales, we’re well placed to deliver the scheme north of the border.

The Scottish Government has already reviewed our proposed scheme, to ensure compliance with the regulations, and will now await further comment from the public consultation.

We’ll keep you updated with the consultation process, but in the meantime, if you’d like more information on The LPS Scotland you can read our overview brochure.

We’re also running a series of events in which we’ll give you a detailed introduction to the legislation, our scheme and the dispute resolution process. Our next events take place in Glasgow (14^th December) and Aberdeen (10^th January).

For more information, visit www.lettingprotectionscotland.com.

We're heading to Glasgow and Aberdeen to talk about tenancy deposit protection!

We've finalised some new presentation dates in Glasgow and Aberdeen where landlord and letting agents can learn more about deposit protection, the adjudication process, how to prepare and how The LPS Scotland will operate when approved. Kevin Firth, our Director will host the following events:

Glasgow - Wednesday 14th December 2011 Time: 10:00-12:30 Address: Mercure Glasgow City Hotel, 201 Ingram Street, Glasgow, G1 1DQ Email us to register for this event

Aberdeen - Tuesday 10th January 2012 Time: 10:00-12:30 Address: Doubletree by Hilton, Aberdeen City Centre, Beach Boulevard, Aberdeen, AB24 5EF Email us to register for this event

The LPS Scotland will launch early next year following approval from the Scottish Government and as soon as the first scheme launches, landlords and letting agents will have to start protecting tenancy deposits.  

We look forward to seeing you at an event soon. For more information visit our website and follow us on Twitter.

The Letting Protection Service Scotland (The LPS Scotland) prepares to protect tenancy deposits

As you may know, the Scottish Government is introducing legislation that will make it compulsory for all landlords and letting agents in Scotland who take deposits for a relevant tenancy to protect them with a Government approved custodial tenancy deposit scheme. The LPS Scotland has submitted an application to run a scheme and, once approved by the Scottish Government, will be the only provider with any experience of running a custodial tenancy deposit protection scheme.

It will be operated by the same company who run The Deposit Protection Service (The DPS) – the only company with five years’ experience of running a custodial scheme. The DPS - which currently operates in England and Wales – has protected more than 1.7m deposits to date, amounting to more than £1.3 Billion.

Experience matters and having already established The DPS from the beginning we know how to support landlords and letting agents through the transition of new legislation. We’ve established tried and tested systems, developed robust processes and continually innovated to ensure we’re providing the best possible service to our customers.

When approved, The LPS Scotland will use this knowledge to provide fast, free and secure deposit protection to support Scottish landlords and letting agents in complying with regulations.

A bit about the legislation

Under the Tenancy Deposit Schemes (Scotland) Regulations 2011, which came into force in March 2011, landlords and letting agents will have a duty to protect tenants’ deposits as soon as the first approved scheme launches. From that date they’ll have 30 days to protect deposits for all new tenancies. Landlords holding deposits for existing tenancies will have 9 months from the launch of the first scheme to protect their tenants’ deposits.

The scheme will hold on to the deposit for the duration of the tenancy – providing assurance to tenants that it is not being used for any other purpose – and at the end of the tenancy both parties will agree on how the deposit should be repaid. The DPS currently repays deposits in an average of two working days from the point of agreement.

Kevin Firth, Director of The DPS will be giving a presentation on 9^th November at our Edinburgh office where you can learn more about the legislation, what it will mean for you and how The LPS Scotland will work once approved.

He’ll also be sharing his experiences of running the scheme for landlords and tenants in England and Wales.

If you’d like to attend the event please email us to register your interest. Or, if you’d like us to send you more information on The LPS Scotland following approval from Scottish Government, send us an email or visit our website.

We’ll keep you up to date on developments here on the blog and via Twitter (LPS_Scotland).