Scotland - lodger - deposit scheme - court papers?

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    Scotland - lodger - deposit scheme - court papers?

    Hi everyone

    I had a lodger for 3mths. She was awful. I asked her to leave. She left. She sent me rude and abusive text messages to my phone so I blocked her number.

    Now. I got home on Friday to see court papers in my letterbox. The reason being: "The tribunal have received an application for order for payment where landlord has failed to carry out duties in relation to tenancy deposits.

    Her comments: "Paid £475 deposit - was not placed in scheme. I moved on on 16/08/2019 although my tenancy ended on 21/08/2019. After several attempts the landlord is not responding to my requests for deposit back"

    She submitted her application on 28th August. 1 week after she left. Her deposit was returned to her on 14th September.

    Now. I used Shelter Scotland to write up the lodger agreement, and read the rules on their website. Their website states that "If you take a deposit from a lodger you will not need to register it with a tenancy deposit scheme."

    I'm looking for some clarity here. Did I need to put her deposit into a scheme? If not, why are the housing tribunal even looking into this?

    Also, why would they allow her application to proceed 1 week after she left the property?

    Lodger dates:
    • Move in - 21 June
    • Move out - 21 August
    • Not in scheme
    • Deposit paid: 475
    • Deposit refunded: 475 - 14 September

    I'd guess that your lodger hasn't told the tribunal that she wasn't a tenant.

    I'm not an expert, but I don't think that lodgers' deposits have to be protected in Scotland (and Shelter agrees).
    I'd simply respond and explain that a) the person making the claim was a lodger and lived in your property with you and b) that the deposit has been returned.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).



      I've gone back to them and asked the question. The papers I received tell me to contact Shelter Scotland - which I did and they confirmed my status...we'll see what happens.


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