Unprotected deposit tribunal process questions - Scotland

akira181

I live in Scotland and I moved out of my flat of 6 and a half years at the end of November 2018. I started a thread here about unreasonable deposit deductions and learned that as the deposit wasn't protected, I should take my LL to the first tier tribunal.

Since my girlfriend and I just bought our first flat and with Christmas coming up, we decided just to gather all the evidence required and deal with it once things had settled down, which brings us to now.

Only thing we cannot find at the moment is the most recent copy of the lease as some stuff got lost during the move. Hopefully we find it but we have a copy of the 2016 to 2017 lease, which is identical to the one we originally signed in 2012.

I was wondering if anyone has been through the FTT process and can provide some information on what actually happens?

Is it worth getting a solicitor to represent us and eliminate any hassle or is the process easy enough that someone with little to no legal experience can do themselves?

baldelectrician

It's very easy and straight forward

The tribunal is straight forward- it is essentially 1 or 2 members, 1 security person and a person to take notes plus the parties (limited to 2 each usually)

Fill out the forms as stated on the Housing and Property Chamber site.

Hope this helps

It is free for both parties to use and takes a short time (it was less than 5 weeks from submitting paperwork to initial hearing for someone I knew)

akira181

thanks for the information, I've filled out the form and it's ready to send. Still no sign of the 2018 lease but I've got all bank statements showing deposit and rent from when I moved in till when I moved out, including the deducted deposit returned from the LL personal account.

I just don't understand why I need to attend the tribunal as to my inexperienced eyes, it's a case of unprotected deposit, LL needs to explain themselves and the FTT will award whatever penalty they see fit.

Because of that, I was wondering what happens at the tribunal itself and what I may be asked so I have an idea of what I'm potentially walking into.

Sibz

I used a solicitor to deal with my unprotected deposit issue. They took their cut, of course, but I was still very happy with the outcome and had so much less hassle with paperwork etc. Didn't have to go to court as other side settled to avoid court action etc... so can't give any tribunal advice.

Unprotected deposit is quite straightforward, if the LL can't prove that it was protected with 1 of the deposit schemes it's open and shut AFAIK. If it's a small LL that only has 1 property they 'may' not get told to pay the full 3x the deposit amount, but if the tribunal feels it's someone that should know better 3x seems the standard - and that's regardless of any amount that was returned.

baldelectrician

akira181 wrote: »

thanks for the information, I've filled out the form and it's ready to send.

Send it via email- the FTT prefers this, you might have to split the paperwork in to smaller files to email

You don't need to attend the tribunal but it is very informal and both sides state their case and a decision is made.

pinklady21

I believe there is a time limit for applications - you need to apply to the FTT within 3 months of the end of the tenancy. Reports of previous cases are also online as well. I understand that there are cases where the FTT has awarded 3 x deposit PLUS an additional award against the landlord for failing to properly serve the section 42 notice. Let us know how you get on.