As a tenant moving between privately rented homes in Scotland, you may be able to passport your tenancy deposit from one property to the next rather than asking for a refund and re-paying. Passporting keeps your money protected inside an approved deposit scheme and reduces the chance of an unprotected gap between tenancies. This article explains how passporting works under Scottish tenancy law, what paperwork to check, practical steps to request a transfer, and what to do if a landlord or scheme refuses. It also shows how to use official dispute routes and where to find the tribunal application form and guidance so you can protect your deposit during a move.
How deposit passporting works in Scotland
Passporting means the tenant, current landlord and incoming landlord arrange for the deposit to stay protected with a deposit scheme while the tenancy changes. The Private Housing (Tenancies) (Scotland) Act 2016 provides the legal framework for private residential tenancies and how deposits are treated under Scottish tenancy law[1]. In practice the parties must agree the transfer and the deposit scheme must be notified so the money remains protected and available for any legitimate deductions at the end of the later tenancy.
- Serve written notice to your current landlord requesting passporting or transfer of the tenancy deposit.
- Ask both the outgoing landlord and the incoming landlord and the deposit scheme to confirm the transfer within an agreed number of days.
- Check the deposit scheme paperwork and retain evidence—emails, screenshots and receipts—that the deposit remains protected.
- Take move-out photos and complete a condition inventory so you can challenge any improper deductions later.
What to do if passporting is refused
If a landlord or a new landlord refuses to passport the deposit, first request written reasons and a clear timeline for when the current scheme will return the money. If the scheme will not accept a transfer or the outgoing landlord keeps the deposit without justification, you can use the deposit scheme’s internal dispute service and, if necessary, apply to the First-tier Tribunal (Housing and Property Chamber) for resolution and an order for repayment or compensation[2]. Keep a record of every communication and any supporting documents.
Official forms and where to find them
Key official forms are provided by the tribunal when an informal resolution fails. The main item tenants will use is the First-tier Tribunal (Housing and Property Chamber) application form to ask the tribunal to decide a deposit dispute; the form and guidance are available on the tribunal’s website[2]. Deposit schemes themselves normally provide a dispute or transfer request form on their websites; use the scheme’s form if passporting through that scheme is possible.
Practical examples
Example 1: You give notice to move out and tell your landlord you want the deposit passported. You ask the incoming landlord to confirm acceptance in writing, and you ask the deposit scheme to record a change of tenancy name and address. Keep copies of all messages and confirmation receipts.
Example 2: Your outgoing landlord says they will not transfer the deposit. You submit the scheme dispute form, and if the scheme cannot resolve it, you complete the tribunal application form asking for a repayment order or compensation. Include your tenancy agreement, the inventory, receipts, photos and written requests as evidence.
FAQ
- Can my deposit be passported automatically between tenancies?
- No. Passporting requires agreement between the outgoing landlord, incoming landlord and the deposit scheme. You should request passporting in writing and get confirmation from all parties.
- What can I do if a landlord refuses to transfer the deposit?
- You should use the deposit scheme’s dispute process first. If that does not resolve the matter, you can apply to the First-tier Tribunal (Housing and Property Chamber) for an order for repayment or compensation. Keep written records and copies of evidence.
- How should I document a passporting request?
- Always ask for written confirmation by email or secure message, keep the tenancy agreement and inventory, take dated photos, and keep screenshots of any scheme records showing the deposit status.
How-To
- Serve written notice to your current landlord stating you want the deposit passported and name the incoming landlord.
- Ask the deposit scheme and both landlords to confirm the transfer in writing and save those confirmations as evidence.
- Agree a reasonable deadline for the transfer and ask for a date by which the scheme will update its records.
- Create a move-out inventory and take dated photos to protect yourself from unfair deductions.
- If passporting fails, submit the scheme dispute form and, if unresolved, complete the First-tier Tribunal application with all supporting documents.
Key Takeaways
- Passporting keeps your deposit protected and avoids gaps between tenancies.
- Always get written confirmation and keep clear evidence of requests and scheme records.
- The First-tier Tribunal (Housing and Property Chamber) can decide unresolved deposit disputes.
Help and Support / Resources
- First-tier Tribunal (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016 - legislation.gov.uk
