Deposit Deductions: What Landlords Can Claim in Scotland

If you rent a property in Scotland, you pay a deposit to your landlord at the start of your tenancy. This deposit is protected by law, and only specific deductions can be made at the end of your tenancy. Understanding what can (and cannot) be deducted from your deposit will help you safeguard your money and resolve disputes smoothly.

When Can a Landlord Deduct from Your Deposit?

At the end of a tenancy in Scotland, landlords can only make deductions for legitimate reasons set out in your tenancy agreement and Scottish housing law. Any deduction must be fair and supported by evidence – for example, inspection reports or photos.

• Unpaid rent: Any outstanding rent as of the tenancy end date
• Damage beyond fair wear and tear: This covers damage caused by you, your guests, or pets – not normal wear from everyday use
• Missing or broken items: If furniture or appliances listed in the inventory are missing or broken
• Cleaning costs: Only if the property is not left in the same state of cleanliness as when you moved in (excluding reasonable wear)
• Other unpaid bills: For example, if specified in your agreement – like utility bills the landlord is responsible for and has paid because you didn't

Landlords cannot deduct for upgrades, normal wear and tear, or costs unrelated to your actions as a tenant.

What is "Fair Wear and Tear"?

"Fair wear and tear" means the reasonable deterioration of the property and its contents through normal, everyday use. For example, worn carpets from foot traffic usually cannot be deducted, but a burn or stain from neglect can be.

Common Examples of Non-Deductible Items

• Minor scuff marks on walls from furniture placement
• Worn carpets or faded curtains
• Small nail holes from picture hanging (unless prohibited by your lease)

Always check the Private Housing (Tenancies) (Scotland) Act 2016 for your rights and obligations as a tenant.

How Are Deposit Disputes Handled?

All tenancy deposits in Scotland must be protected in an approved tenancy deposit scheme (such as SafeDeposits Scotland, Letting Protection Service Scotland, or MyDeposits Scotland). At the end of your tenancy, the landlord proposes deductions. If you disagree, you can raise a dispute with the scheme rather than deal directly with the landlord.

The Role of the First-tier Tribunal for Scotland (Housing and Property Chamber)

If you and your landlord can't reach an agreement, or if you believe your landlord has acted unfairly, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). The tribunal is the official body that resolves tenancy disputes in Scotland and is independent from the deposit schemes.

Key Official Forms for Renters

• First-tier Tribunal Application Form: If the landlord fails to protect your deposit or you need to escalate a dispute, use the Application form for failure to protect a tenancy deposit (HP Application Form). For example, if you discover your deposit wasn't placed in an approved scheme, complete and submit this form to the Tribunal with supporting evidence.
• Dispute Form (via Deposit Scheme): Each approved deposit scheme has its own dispute resolution process. For instance, SafeDeposits Scotland Dispute Form lets you submit evidence if you disagree with deductions.

Once you submit a dispute, you'll need to provide documents such as the check-in and check-out inventory, tenancy agreement, and any photographic evidence.

Tips for Protecting Your Deposit

• Take time-stamped photos at move-in and move-out
• Keep copies of your signed inventory and tenancy agreement
• Return all keys and keep proof of handover

FAQ: Deposit Deductions in Scotland

1. Can my landlord keep my deposit for general redecoration?
   No. Landlords cannot deduct money for general redecoration due to normal wear and tear. Only damage beyond this, such as holes in walls or stains, may be claimed.
2. What should I do if I disagree with a deduction?
   Raise a dispute with the tenancy deposit scheme provider. Provide photographic evidence, the inventory, and communicate in writing.
3. How long does it take to get my deposit back?
   Once both parties agree on deductions (or a decision is made by the scheme or tribunal), the money should be returned within 5-10 days by the deposit scheme.
4. What if my landlord never protected my deposit?
   You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber), which may order the landlord to pay up to three times the deposit amount as a penalty.
5. Are pet damages treated differently?
   Damage caused by pets is treated the same as other tenant-caused damage. If it's beyond reasonable wear and tear, deductions can be made.

Need Help? Resources for Renters

• Renting Scotland - Advice for Renters
• Scottish Government: Tenancy Deposits
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Shelter Scotland: Getting Your Deposit Back

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[1] Private Housing (Tenancies) (Scotland) Act 2016: Tenancy Deposits Section
[2] Scottish Government - Tenancy Deposits Official Guidance
[3] First-tier Tribunal for Scotland (Housing and Property Chamber)
[4] SafeDeposits Scotland Dispute Resolution

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