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Tenancy Deposit Rules in Scotland

In Scotland, a private landlord can charge a deposit of up to 2 months’ rent, and must protect it in one of three approved schemes within 30 working days of your tenancy starting. If they do not, a tribunal can order them to pay you up to 3 times the deposit.

These rules are for private tenancies in Scotland. England, Wales and Northern Ireland have their own rules.

How much deposit a landlord can charge

mygov.scot says landlords and letting agents “can charge you a deposit of up to 2 months’ rent”. The deposit covers costs when you move out, such as unpaid rent or bills, damage, missing inventory items, or cleaning if the home is not left in a reasonable condition.

Your landlord cannot use it for normal wear and tear. Shelter Scotland adds that they cannot charge you “brand new replacements for old items”. Its example: if you stain a carpet, the landlord can charge for cleaning it, not the full cost of a new carpet.

Worked example (fictional)

Item Sum Amount
Monthly rent – £950
Maximum deposit 2 × £950 £1,900
Maximum rent in advance 6 × £950 £5,700
Maximum tribunal award if the deposit is not protected 3 × £1,900 £5,700

If you were asked for more than £1,900 as a deposit on this rent, the gov.scot model tenancy notes say you can contact Shelter Scotland or a Citizens Advice Bureau about claiming back the extra.

Protection: 30 working days and three schemes

Your landlord must pay your deposit into a scheme within 30 working days of the tenancy starting, says mygov.scot. The gov.scot notes explain that 30 working days is usually about 6 weeks. If you pay in instalments, each instalment must be lodged within 30 working days of being paid. The three approved schemes are:

  • Letting Protection Service Scotland
  • mydeposits Scotland
  • SafeDeposits Scotland

Each scheme has an online deposit checker. Your landlord cannot access the money during your tenancy.

Some landlords are exempt. Examples on mygov.scot include a landlord who lives with you, a family member (not including cousins), and holiday lets. The full list is on the mygov.scot page.

Information your landlord must give you

Your landlord must tell you in writing:

  • the address of the property
  • how much deposit you paid and when they received it
  • the date they paid it into a scheme
  • the scheme’s name and contact details
  • that they are registered as a landlord, or have applied to be
  • when they might keep some or all of the deposit at the end

Shelter Scotland says you can claim compensation if this information is not given within 30 working days of the deposit being protected.

Holding deposits and rent in advance

It is against the law in Scotland to charge fees for starting or renewing a tenancy. mygov.scot lists “a non-refundable holding deposit” among the illegal fees, along with key money, credit check fees and administration fees. You can claim them back.

If you are asked for a holding deposit before signing, Shelter Scotland says to check it will go towards your deposit when the tenancy starts, or be refunded if you do not get the tenancy. “If you’re told the money is not refundable, this is unlawful.”

Rent in advance is allowed, within a limit. The gov.scot model tenancy notes say the maximum a landlord can ask you to pay in advance is 6 months’ rent.

Getting your deposit back and disputes

You do not have to wait for your landlord. mygov.scot says you can tell the scheme yourself that your tenancy has ended and you would like your deposit back.

  • If your landlord wants deductions, the scheme will ask if you agree. You have 30 working days to reply. If you do not reply, the landlord gets the deductions they asked for.
  • If there are no deductions, the scheme returns the full deposit.
  • If your landlord does not contact the scheme, it will return your deposit in full within 30 days unless the landlord asks for deductions.

Before you leave, Shelter Scotland suggests an exit check with your landlord, photos and videos of the home, and meter readings on the day you move out.

Disputes and adjudication

All three schemes offer free dispute resolution. An independent adjudicator looks at evidence from you and your landlord and decides how much you get back. If your landlord cannot prove why they should make deductions, mygov.scot says you get the full deposit back.

Shelter Scotland says the scheme should decide within 20 working days. At mydeposits Scotland, you raise a dispute by disagreeing with the proposed deductions within 30 working days. Either side can then ask for a review within 10 working days of the decision, but only if the adjudicator got the facts or the law wrong.

Useful evidence includes your inventory, photos from moving in and out, proof that you reported repairs, and cheaper quotes for cleaning or repairs.

If your deposit was not protected

Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). It is free to apply and you do not need a solicitor. The tribunal can order your landlord to:

  • pay you compensation of up to 3 times the deposit
  • protect your deposit, if you still live there
  • return your deposit, if you have moved out

You can apply during your tenancy or up to 3 months after it ends. Shelter Scotland says the tribunal must award some compensation if the landlord broke the law, and that you can still apply even if your deposit has been returned. Get written confirmation from all three schemes that your deposit is not with them first.

Using our deposit calculator in Scotland

Our tenancy deposit calculator models England’s deposit cap, so it will not give the right limit for Scotland. Use this page instead: in Scotland the limit is 2 months’ rent. For other move-in costs, see our guide to the upfront costs of renting in the UK, and for rent in advance in England, can a landlord ask for rent in advance?

Related: How to check your deposit is protected · Tenancy deposit rules in Wales · Tenancy deposit rules in Northern Ireland · What is a private residential tenancy in Scotland?

Sources

This guide is general information, not legal or financial advice. Report a possible error.