The law requires any landlord or agent who takes a tenancy deposit from their tenant to lodge that deposit with one of the three Tenancy Deposit Schemes operating in Scotland. There's another oblogation which it's easy to ovelook - that of giving the tenant certain prescribed pieces of information. Strict time limits apply to those obligations and if the tenant believes that they have not been complied with he or she can raise an action in the Sherriff Court which may result in the landlord or agent being ordered to make a payment to the tenant of up to three times the deposit. The tenant can raise such an at any time during, or up to three months after, the tenancy.
Click the links below for more information. The Case Studies contain instructive guidance on how adjudication works and on the standard of evidence required. Landlords should be aware of that when setting up the tenancy as the outcome of any dispute will be determined by how things are set up at the beginning.