Who owns the Deposit?

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  • Who owns the Deposit?


    Just a quick query:

    Who owns the deposit for a rented flat in Scotland?

    Is it the Agent (or landlord) or the tenant?

    If it is the tenant, should the agent seek permission before carrying out any cleaning/remedial work they deem necessary?

  • #2
    If Scottish law is the same as English, the deposit is owned by the tenant but held by the landlord/agent as a surety against damage and, if in the tenancy agreement, loss of rent. Money for remedial work can only be taken out when the tenant leaves and if the landlord can show that the work has been necessitated by the tenant and not simply normal wear and tear. There would also need to be an inventory so that the landlord can demonstrate that any damage was caused by the tenant.


    • #3
      There's an excellent website abot Scottish Housing Law at www.scotland.gov.uk/housing/leaflets/......... and it gives you bags of information. I had a need to use it recently and found it a good reference site.
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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