Protecting a tenant's deposit in a government-approved scheme is a fundamental legal requirement for Private Residential Tenancies (PRTs) in Scotland. But simply protecting it isn't enough. Landlords must also provide tenants with specific details about the deposit and the tenancy – known as Prescribed Information. Failure to do so can lead to financial penalties.
What is Prescribed Information? It's a set of specific details defined by Scottish law that landlords must give to tenants in writing within 30 working days of the tenancy starting.
The Checklist - What MUST Be Included:
- Tenancy Details: The address of the property.
- Landlord/Agent Details: Your full name, address, and your registration number from the Scottish Landlord Register (or your agent's details and registration number).
- Tenant Details: Full name(s) of the tenant(s).
- Deposit Amount: The exact amount of the deposit paid.
- Tenancy Deposit Scheme Details:
- Name and contact details of the specific approved scheme where the deposit is held (SafeDeposits Scotland, Letting Protection Service Scotland, or MyDeposits Scotland).
- Confirmation that the landlord is registered with the scheme.
- Conditions for Deduction: A statement outlining the circumstances under which all or part of the deposit may be retained by the landlord at the end of the tenancy, referencing the terms of the tenancy agreement. (Your PRT agreement itself usually covers this in detail).
- Scheme Leaflet: While not explicitly listed as prescribed information itself in the regulations, it is best practice (and often required by scheme rules) to also provide the tenant with the information leaflet supplied by the specific deposit protection scheme.
Incorporating into Your Agreement: Much of this information (landlord/tenant/property details, deposit amount, deduction conditions) is naturally included within the standard Scottish Government Model PRT agreement, which Legalmaster™ uses. The key is ensuring the specific scheme details and landlord registration number are also clearly provided, often within the agreement or on a separate accompanying document served alongside it within the 30-working-day timeframe.
Don't overlook providing the Prescribed Information – it's a legal necessity. Using Legalmaster™ helps ensure your core PRT agreement contains much of the required base information. For help creating compliant PRT agreements, call 0333 340 8984.
