2 of 7 John McIntyre Building, University Avenue, Glasgow G12 8QQtelephone: (0141) 339 8541 ¦ fax: (0141) 337 3557 ¦ email: email@example.com ¦ www.glasgowstudent.netScottish charity No. SC006970
Glasgow University Students’ Representative Council:Detailed response to the Tenancy Deposits Scheme (Scotland) 2010 consultation.
: Do you support the proposal that the tenancy types covered by the tenancy deposit scheme should be aligned with existing landlord registrationlegislation?
Yes, one system of governance would give tenants more confidence in theprivate rental system. However, we do not agree that resident landlords should beexempt from the tenancy deposit scheme. Our view is that any landlord who takes adeposit from a tenant should be required to protect that deposit in an approvedscheme.
: Do you agree with the provisions relating to the date that theduty to comply should take effect for tenancies covered by tenancy deposit regulations?
Yes, a fixed date for the scheme to start would allow both landlords andtenants time to become aware of the regulations.
: Do you consider that the sanctions are appropriate and proportionate to the action or inaction that prompts them?
No, while the proposals are an appropriate and proportionate response to firsttime offenders, we believe that more stringent action should be taken against repeatoffenders.
: Are there additional sanctions that you think would be moreappropriate and effective? If so, how would they be enforced?
For repeat offenders tougher financial penalties should be available. Thiscould take the form of an escalating scale of sanctions culminating in a temporary orlifetime ban for a landlord who consistently breaks the regulations. This would helpprotect future private accommodation tenants.Sanctions for non-compliance should be tied into the “fit and proper person” test for private landlord registration under Part 8 of the Antisocial Behaviour etc.(Scotland) Act 2004
: The regulations currently provide for sanctions to apply to the person who receives the deposit and fails to comply with tenancy deposit regulations. Do you agree with this?
We believe that the legislation should stipulate that tenants are free to pursueeither the landlord or letting agent regardless of who actually physically receivespayment of the initial deposit. We have direct experience of both landlords andletting agencies attempting to shift the focus of legal responsibility on to each other.For example we have dealt with a case previously whereby we raised small claims