Tenancy deposit protection around the UK
This summer saw the 10th anniversary of tenancy deposit protection in Scotland, with legislation having been introduced in 2011 and tenancy deposit protection schemes commencing operation in 2012. Regulations surrounding the protection of tenancy deposits in England and Wales came into effect in 2007, with Northern Ireland following the other UK nations in 2013.
Similarities…
Give or take a few minor variations (for example, statutory timescales in Scotland and Northern Ireland are based on working days, whilst calendar days are used in England and Wales), the regulations and how the schemes operate are broadly the same from country to country. Ultimately the aim of the regulations, whether for tenancies in Denbigh, Doncaster, Dundee or Dungannon is the same – to provide tenants, landlords and letting agents with peace of mind and to offer the opportunity of free alternative dispute resolution in the event of a disagreement at the end of the tenancy.
…and a difference
Whilst there are many similarities in tenancy deposit protection across the borders, a recent report from the Dispute Service – the parent group of TDS, TDS Northern Ireland and Glasgow-based SafeDeposits Scotland, revealed that Scotland has quite a distinct landscape from its neighbours when it comes to deposit disputes.
Less rent arrears, more cleaning
The Dispute Service Annual Review 2021-22 summarises the different types of deposit disputes handled by the three schemes. In 2021-22, both SafeDeposits Scotland and TDS (England and Wales) recorded that 46% of the disputes they handled involved a claim for damage, with Northern Ireland in the same ballpark at 45%. Redecoration and gardening statistics were also similar across the schemes.
It’s when it comes to cleaning that Scottish disputes put the cat amongst the pigeons somewhat. 47% of Northern Irish disputes involved a cleaning claim, with the figure at 50% for England and Wales. In Scotland however, cleaning claims played a part in approaching three quarters of disputes at 71%. Statistics alone can’t explain whether this is down to Scottish landlords having higher standards or tenants in the rest of the UK being more skilled at cleaning, but there is certainly a distinct difference.
On the other hand, Scotland had the lowest percentage of claims relating to rent arrears at 11%. England and Wales recorded 13%, and Northern Ireland’s claims were double those of Scotland at 22%. Despite the widespread financial challenges of recent years, rent arrears remain one of the items least claimed for in disputes handled by SafeDeposits Scotland and in fact the 11% figure is a reduction from 18% in 2018-19.
