Scotland has one of the stronger deposit protection regimes in the UK. If you are renting privately, these are the rules your landlord or agent has to follow.
The deposit must be protected
Your landlord or letting agent must lodge your deposit with one of three government-approved schemes within 30 working days of your tenancy starting:
- SafeDeposits Scotland
- Letting Protection Service Scotland
- mydeposits Scotland
They must also give you prescribed information: which scheme holds it, the amount, the property address, and the landlord's registration number. If you have not received that within 30 working days, ask.
If the deposit is not lodged in time, you can apply to the First-tier Tribunal. The sanction is real: under the Tenancy Deposit Schemes (Scotland) Regulations 2011 the Tribunal can order the landlord to pay you up to three times the deposit, payable to you on top of the deposit itself being protected.
How much can be taken
A tenancy deposit in Scotland cannot exceed two months' rent (Private Housing (Tenancies) (Scotland) Act 2016). We take one month.
What cannot be charged at all
Beyond rent and the deposit, nothing. Charging tenants for referencing, credit checks, inventories, tenancy agreements, renewals, viewings or administration is unlawful in Scotland and has been since 2012. If you have paid such a fee you can apply to the First-tier Tribunal to recover it. There is no fee to apply. (The up-to-three-times sanction above applies to unprotected deposits, not to fees.)
Getting your deposit back
At the end of the tenancy, either party can apply to the scheme for repayment. If you and the landlord agree the amount, the scheme pays out. If you do not agree, the scheme's free adjudication service decides, based on the evidence both sides submit.
What can legitimately be deducted
- Unpaid rent.
- Damage beyond fair wear and tear.
- Cleaning, where the property is returned in a worse condition than it was let.
- Missing items listed on the inventory.
What cannot
- Fair wear and tear: carpets thinning, paint marking, fittings ageing normally.
- Pre-existing damage recorded at check-in.
- Betterment: a landlord cannot charge you for a brand new carpet to replace a ten-year-old one.
- Any letting agency fee.
How to protect yourself
- Photograph everything on the day you move in, with timestamps, including existing damage.
- Return the signed inventory with your own additions rather than leaving it blank.
- Report repairs in writing as they arise, so there is a record.
- Photograph the property again when you leave, after cleaning.
- Keep the check-in and check-out reports. Adjudicators rely heavily on them.
Frequently asked
- How long does a landlord have to protect my deposit in Scotland?
- 30 working days from the start of the tenancy. The deposit must be lodged with SafeDeposits Scotland, Letting Protection Service Scotland or mydeposits Scotland, and you must be given prescribed information about it.
- How much deposit can be charged in Scotland?
- A tenancy deposit cannot exceed two months' rent.
- Can a letting agent charge me a referencing fee in Scotland?
- No. Charging tenants any fee other than rent and a deposit is unlawful in Scotland. This includes referencing, credit checks, inventories, tenancy agreements and administration fees. You can apply to the First-tier Tribunal to recover unlawful fees.
This guide is general information, not legal advice. Law and practice change, and individual circumstances vary. Check current guidance at mygov.scot and take professional advice on anything affecting your specific position.
