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Resolving a rented housing dispute - mygov.scot
- Ombudsmen investigate and resolve complaints about public and private organisations. They are often a last resort when complaints cannot be sorted out though an organisation's own complaints procedure.
- Ombudsmen are free to use, and their decision isn't binding. This means you can use another dispute resolution process or take your case to court if you're unhappy with the decision.
- Ombudsman Association – find the right ombudsman to deal with your complaint
- Scottish Legal Complaints Commission – if you're unhappy about the way a solicitor or the Law Society of Scotland has dealt with your complaint
- Scottish Public Services Ombudsman – complaints about councils, the NHS, housing associations, colleges and universities, prisons, most water and sewerage providers and the Scottish Government
- Ombudsman Association | Ombudsman Association
- The Property Ombudsman scheme: free, fair & impartial redress
- Is the property business a member of our scheme?
- (Check by the property business’ name and address)
- How to find the property business’ full name and other information:
- Make complaints
- The Property Ombudsman scheme: free, fair & impartial redress
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Citizens Advice Scotland may be able to give you further advice and guidance. You can discuss your concerns with your local Citizens Advice Bureau. To find your nearest Bureau please visit Bureaux | Citizens Advice Scotland, or look in the phone book.
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- Website:: Get Advice — Citizens Advice Edinburgh
- Request Call back: Fill a form https://www.citizensadviceedinburgh.org.uk/contact-us-covid
- self help: Citizens Advice Scotland
- **e-mail: ** Contact Us Email — Citizens Advice Edinburgh
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Shelter Scotland have plenty of advice, including a benefits calculator, on their website. Or you can call their free national helpline for advice. Make sure you say you’re calling from Scotland as advice for people living here will be different from that given for England and Wales. Telephone helpline: 0808 800 4444 Website: https://scotland.shelter.org.uk
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Tenancy deposit schemes - Shelter Scotland
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Private landlords, letting agents and student accommodation providers have to protect your deposit in a tenancy deposit scheme. They must do this within 30 working days of your tenancy starting.
A tenancy deposit scheme is where your deposit money will be stored during your tenancy. It protects your deposit. It prevents the landlord taking money out of the deposit during your tenancy.
There is no cost for the tenant when a landlord protects a deposit.
There are three schemes that are Scottish Government approved.
Be wary if a letting agent or landlord asks you to use any scheme for deposits other than those listed above. Read any small print before agreeing to use any other scheme as they will not offer the same protection.
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Deposits that do not need to be protected - Shelter Scotland
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Your deposit does not need to be protected with a deposit scheme if:
- you live with your landlord
- your landlord is a family member
- you stay in a holiday home
- you stay in a property used by a religious organisation
- you live in supported accommodation
- you have an agricultural or crofting tenancy
Most other deposits will need to be protected in a deposit protection scheme.
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Your landlord should tell the tenancy deposit scheme when your tenancy ends. They will tell the scheme if they want to make deductions from your deposit before it is returned to you.
The deposit scheme will ask you if you agree with the deductions. If you do not agree then you can request a dispute resolution.
If you ask to use the resolution process then your landlord has to enter into it with you.
You may need to show that you have tried to negotiate with your landlord first.
The scheme will take into account evidence that you and your landlord give them. A decision should be reached within 20 working days.
You can ask for a review if you disagree with the decision.
Safe Deposits Scotland guidance on how the dispute process works.
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Contact each of the three deposit schemes and ask if your deposit is protected with them.
Each scheme has an enquiry form to request this information. You can also call them. These telephone numbers may not be free to call.
Deposit enquiry form 0333 321 9402
Deposit Enquiry Form 03333 213136
Deposit Enquiry Form 0330 303 0031
If the deposit is not protected with any of the schemes you will be entitled to compensation. Getting written confirmation from each scheme is important evidence to have when applying for compensation.
If your landlord does not return your unprotected deposit at the end of your tenancy you can claim the money back. The tribunal can order the landlord to pay the money back to you.
Use [application form F to apply to the tribunal](https://www.housingandpropertychamber.scot/sites/default/files/hpc/Form F Civil Proceedings Application [Revised May 2018].pdf). Include in your application:
- what money you believe you are owed
- evidence of you paying the landlord a deposit, such as a bank statement or receipt from the landlord
- evidence that it was not protected with a scheme
If you have a private residential tenancy the tribunal rule number is 111. For an assured or short assured tenancy it is rule 70.
This is separate from applying for compensation. It can be made at the same time if you want to get your deposit back and get compensation as well.
Deposits that do not need to be protected - Shelter Scotland
How to complain about your letting agency - Shelter Scotland
You can take your landlord to the Sheriff Court to get your deposit back under Simple Procedure, Claim Form 3A https://tinyurl.com/yc7dpff3 You can search for legal advice here: https://www.slab.org.uk/
You may also wish to seek advice about whether there is a legal route for your concerns. The Law Society of Scotland may be able to help you find a solicitor. Telephone: 0131 226 7411 Website: www.lawscot.org.uk
- National office and contact:
- Living Rent, 617, 12 South Bridge, Edinburgh, EH1 1DD
- General enquiries: email contact@livingrent.org.
- Membership, subscription and donation enquiries (such as help with joining, change of address or problems with payments): email membership@livingrent.org.
- Press: For national press enquiries, email press@livingrent.org.
- Press: For local press enquiries, email relevant regional contact email (see below).
- City based contacts:
- Edinburgh:
- Official address: 617, 12 South Bridge, Edinburgh, EH1 1DD
- Email: edinburgh@livingrent.org
- Facebook page
- @livingrentedinburgh
- Glasgow:
- Office address: Office 3, 1st Floor, 153 Queen St, G1 3BJ
- Email: glasgow@livingrent.org
- Facebook page
- @LivingRentGlasgow
- Lanarkshire:
- Email: lanarkshire@livingrent.org
- @livingrentlanarkshire
- Dundee:
- Email: dundee@livingrent.org
- Aberdeen:
- Email: aberdeen@livingrent.org
- Facebook page
- @LivingRentAberdeen
CASTLEMILK LAW & MONEY ADVICE CENTRE
Free Legal Advice Centre | Edinburgh Law School
- To arrange an appointment, please email freelegaladvice@ed.ac.uk or call 0800 073 0150 (voicemail only) and confirm your full name, postal address including post code, email, telephone number and a brief summary of the issue you are looking for advice on.
Write to the person causing your housing problem and say what you want them to do. Putting your concerns in a letter could get it fixed without using the courts.
If you have a dispute with the person you rent from, make an official complaint. Follow our guidance on complaining about:
Make a court claim for money: What a court claim is - GOV.UK
- Simple procedure
- Court Fee
- As from 28 NOVEMBER 2016, if you are raising a claim which has a monetary value of £5000 or less which seeks payment, delivery, recovery of possession or an order for someone to do something specific, you should use the SIMPLE PROCEDURE.
- Fee payable from 1st April 2020:
- To lodge a summons for summary cause or claim form for simple procedure cases in actions for sums of money £300 or less (or 250 euros for European small claim) - £19
- To lodge a summons or claim form in all other actions - £106
- Marking of an appeal - £62 (Sheriff Appeal Court fees due in relation to appeal procedures can be found in the Sheriff Appeal Court Fees (Civil) section of the SCTS website)
- The SCTS will contact you if service by a sheriff officer is required. Service of summons or claim form by sheriff officer - £13 plus Sheriff Officer's fee
- ACT OF ADJOURNAL (CRIMINAL PROCEDURE RULES) 1996 SI 1996/513
- To find an appropriate mediator close to you search here or call the Scottish Mediation Helpline on 0131 556 8118.
- Find a mediator
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If the agent always talks to you about important things by phone, you should ask them to write an email to you as your written proof.
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Take pictures of room condition when move in/out and keep evidense.
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A deposit cannot be used to replace items that are damaged or worn due to normal wear and tear. This includes worn carpets and furniture. Property Mark's guide to fair wear and tear.
Make sure you:
- agree the deposit amount in writing (including what it may be used for)
- get a receipt for the amount paid
- understand how it will be returned at the end of your tenancy
Check the property and the items on the inventory when you move in. Take photos of their condition. This can help if there is a dispute at the end of the tenancy.
You can create your own inventory if your landlord does not provide one.
Turn2Us - Advice Finder - Community Help and Advice Initiative - Edinburgh
Turn2Us - Advice Finder - Edinburgh University Students Association - Edinburgh
Turn2Us - Advice Finder - Community One Stop Shop (Broomhouse) - Edinburgh
Turn2Us - Advice Finder - Granton Information Centre - Edinburgh