In Scotland, your landlord must protect your deposit in one of three government-approved schemes. When the tenancy ends, you and your landlord agree how it should be repaid, and the scheme releases the money. If you cannot agree, the scheme offers free, independent dispute resolution. If your deposit was never protected, you can apply to the tribunal, which can order your landlord to pay you up to three times the deposit.
This guide explains the rules, what landlords can and cannot deduct, and how to get your money back as quickly as possible.
The rules on deposits in Scotland
- A deposit can be no more than two months' rent.
- It must be paid into an approved scheme within 30 working days of the start of the tenancy.
- The landlord must give you written information about where the deposit is held and how to get it back within the same period.
- Other charges, such as key money or a non-refundable holding deposit, are illegal premiums. You can ask for these to be repaid.
The three approved schemes are Letting Protection Service Scotland, mydeposits Scotland and SafeDeposits Scotland. If you are not sure where your deposit is, you can search each scheme's website using your details.
Protecting yourself at the start
The best way to get your deposit back is to prepare from day one:
- Check the inventory or check-in report carefully and report anything missing or inaccurate in writing.
- Take dated photographs and video of every room, including walls, carpets, appliances and garden.
- Report repairs promptly in writing, so damage is not later blamed on you.
At the end of the tenancy
- Clean the property to the standard it was in at the start, and remove all your belongings and rubbish.
- Take a final set of photographs and, ideally, attend the check-out inspection.
- Return all keys and give your forwarding address and bank details.
- Agree the repayment with your landlord or letting agent. Once both sides agree, the scheme pays out.
If your landlord does not respond, contact the scheme. Each scheme has a process for tenants to request repayment directly.
What can a landlord deduct?
A landlord can make reasonable deductions for:
- Damage beyond normal wear and tear.
- Unpaid rent.
- Cleaning, if the property was left dirtier than at the start.
- Missing items listed on the inventory.
- Other breaches of the tenancy agreement that caused the landlord a loss.
A landlord cannot deduct for normal wear and tear, such as light scuffs, faded paintwork or carpets worn through ordinary use. Nor can they charge you to put the property in a better condition than it was in when you moved in.
Important: the deposit belongs to you until a deduction is agreed or decided. In a dispute, the landlord must show why a deduction is justified, so evidence such as the check-in inventory and photographs is critical.
Disputing a deduction
If you do not agree with a deduction, do not accept it. Ask the scheme to refer the dispute to its free adjudication or dispute resolution service. An independent adjudicator reviews the evidence from both sides, usually in writing, and decides how much each party receives. Provide clear evidence: the tenancy agreement, inventory reports, photographs, receipts and correspondence.
Using the scheme's dispute service is usually quicker and cheaper than going to court. If both parties do not use it, a claim may instead be raised in the sheriff court under simple procedure. Our guide on taking someone to the small claims court in Scotland explains how that works.
What if my deposit was not protected?
If your landlord did not protect your deposit within 30 working days, or did not give you the required information, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). According to mygov.scot:
- You can apply during the tenancy or up to three months after it ends.
- You use Form G, citing rule 103, and include a copy of your tenancy agreement.
- Applying is free.
- The tribunal can order your landlord to protect the deposit (if you still live there), return it (if you have moved out) and pay you compensation of up to three times the deposit.
The three-month deadline is strict, so act quickly once your tenancy ends.
Getting help
Most deposit disputes are resolved through the schemes without legal help. For larger sums, unprotected deposits, illegal premiums or disputes combined with other issues such as disrepair, a solicitor can help. Our independent ranking of landlord and tenant solicitors in Glasgow compares firms that act for tenants and landlords.
Frequently asked questions
How long does my landlord have to protect my deposit in Scotland?
30 working days from the start of the tenancy, in one of the three approved schemes: Letting Protection Service Scotland, mydeposits Scotland or SafeDeposits Scotland.
What is the maximum deposit a landlord can take in Scotland?
Two months' rent. Other charges such as key money or non-refundable holding deposits are illegal premiums.
Can my landlord deduct money for wear and tear?
No. Landlords can deduct for damage beyond normal wear and tear, unpaid rent, cleaning and missing items, but not for ordinary wear from normal use.
How do I dispute a deposit deduction?
Do not accept the deduction. Ask the deposit scheme to refer it to its free adjudication service and provide evidence such as the inventory, photographs and correspondence.
What happens if my deposit was not protected?
You can apply free to the First-tier Tribunal during the tenancy or up to three months after it ends. The tribunal can order the landlord to pay up to three times the deposit.
How long does it take to get my deposit back?
If you and your landlord agree, the scheme usually repays quickly. Disputes take longer because the adjudicator must review evidence from both sides.
Conclusion
So, how do you get your tenancy deposit back in Scotland? Make sure it is protected in an approved scheme, keep good evidence from the start, agree the repayment at the end and use the scheme's free dispute service if you disagree with a deduction. If your deposit was never protected, apply to the tribunal within three months of leaving.
For larger or more complex disputes, compare the leading landlord and tenant solicitors in Glasgow.