Frequently Asked Questions

What is The Letting Protection Service Scotland (The LPS Scotland)

• What is The Letting Protection Service Scotland?

  The LPS Scotland is a free to use Government approved custodial tenancy deposit protection scheme. Tenancy Deposit Protection (TDP), as set out in the Housing (Scotland) Act 2006, requires that all agents/landlords with relevant tenancies, protect their tenants' deposits under a statutory tenancy deposit scheme within 30 working days of the beginning of the tenancy (subject to Scottish Government guidelines, see our Implementation and Compliance Flowchart). Our service is funded entirely from the interest earned from deposits held. Agents/Landlords can register and make transactions online, but paper forms are also available. The scheme is supported by a dedicated call centre and an independent Alternative Dispute Resolution (ADR) service.

  If you still have a question on this matter please contact us using the Online Form.

• Why has this legislation been introduced?

  The Government has recognised that a proportion of deposits taken have been unfairly withheld at the end of the tenancy. One of the primary objectives of the introduction of the Tenancy Deposit Protection is to raise standards in the lettings industry and ensure even-handed treatment of Tenants at the end of the tenancy. It encourages Agents/Landlords to set up tenancies correctly through the use of formal tenancy agreements, inventories, condition reports and other necessary documentation. The legislation aims to ensure good practice in deposit handling, so that when a Tenant pays a deposit and is entitled to get it back, he or she can be assured that this will happen, and also to assist with the resolution of disputes by having an Alternative Dispute Resolution (ADR) service. It will also encourage Tenants and Agents/Landlords to agree - at the start of the tenancy - the condition and contents of the property.

• Who is responsible for securing deposits?

  Under the Housing (Scotland) Act 2006, the Landlord is responsible for protecting the deposit. If the Landlord has instructed an Agent to take the deposit, the ultimate responsibility will remain that of the Landlord. The Landlord must ensure that the Agent is instructed to deal with the deposit in accordance with the legislation.

  If you still have a question on this matter please email it using the Online Form.

• How much do I have to pay to use the scheme?

  Our scheme is free to use for all agents/landlords and tenants.

• Who can use The LPS Scotland?

  The LPS Scotland is open to all agents/landlords. It is free to use, there are no membership fees or qualifying criteria to fulfil.

• What constitutes a deposit?

  A deposit taken in connection with a Relevant Tenancy cannot consist of any property other than money under the Housing Act (Scotland) 2006.

  A deposit is intended to be held as security for:-

  • the performance of any obligations of the Tenant, or
  • the discharge of any liability of his or hers, arising under or in connection with the tenancy.

  If you still have a question on this matter please email it using the Online Form.

• What happens if a deposit has not been protected?

  Tenants can make an application to the Sheriff under Housing Act (Scotland) 2006 if they believe that their deposit is not being safeguarded, or where they have not been given the information about the scheme in which the deposit is safeguarded within 30 working days of the beginning of the tenancy (subject to Scottish Government guidelines, see our Implementation and Compliance Flowchart).

  Where the court is satisfied that the Landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court may order the Landlord pay the Tenant an amount not exceeding 3 times the tenancy deposit.

  The court may also order the Landlord to pay the tenancy deposit into an approved scheme or provide the tenant with information on which scheme the deposit is secured with.

• When does Tenancy Deposit Protection (TDP) not apply?

  TDP only applies to deposits taken in connection with Relevant Tenancies.

  If you still have a question on this matter please email us using the Online Form.

• Do you have an office in Scotland?

  Yes, our office address in Scotland is: The LPS Scotland, Leven House, 10 Lochside Place, Edinburgh Park, Edinburgh, EH12 9DF.

  Our office will be available for you to drop-off forms and there is also a counter service for any general enquiries.

• Is the deposit I secure with The LPS Scotland safe?

  All monies are afforded client money protection, which means the funds are strictly segregated from other assets held by Computershare Investor Services PLC. In the event that Computershare Investor Services PLC is unable to or is precluded from operating The LPS Scotland, these funds will be safeguarded for all Agents/Landlords and Tenants using the scheme.

  If you still have a question on this matter please email us using the Online Form.

• What are the operating hours of your contact centre?

  Our contact centre operates Monday to Friday from 08:00 – 18:00 and Saturdays from 09:00 - 13:00 (excluding Sundays and bank holidays). Our telephone number is 0330 303 0031.

• How much does it cost to call your helpline?

  All phone numbers starting with 03, including 0333, 0330 and 0300 (0345 and 0370 too) will always cost exactly the same rate as a local call (now known as standard rate call) to dial. These calls may be free as part of your inclusive minutes from your landline and/or mobile phone provider. However, you may be charged for the cost of calls made outside your call plan and/or inclusive minutes.