Scottish tenants who have not been notified which of the three tenancy deposit schemes has been used to protect their deposit are entitled to claim damages. The court is empowered to make a penalty award of up to three times the amount of the deposit, to be paid by the landlord to the tenant, where the landlord has failed in the duty to protect deposits in one of the three approved schemes. This is in terms of Regulation 10 of the Tenancy Deposit Scheme (Scotland) Regulations 2011. Despite this law being introduced to protect tenants, over half of tenant deposits have yet to be protected. This was covered in yesterdays "Scotland on Sunday" - google search "call for action on tenant deposits" The agency featured in the paper, O'Neill lettings in Edinburgh and Glasgow, (run by disqualified director Ralph Weir and his family) has told tenants it will not be using the scheme and you can read more about this agency by searching oneill deposits on google.