Getting Your Tenancy Deposit Back in Scotland: What Renters Need to Know

Moving out of a rented home in Scotland? Understanding your rights around tenancy deposit refunds can help ensure you get back what you’re owed. In Scotland, strict rules protect renters, and all deposits must be held in an approved tenancy deposit scheme. This guide explains the process, your rights, and what to do if there’s a problem.

Tenancy Deposits in Scotland: The Basics

Your landlord is legally required to protect your deposit in a government-approved scheme, such as SafeDeposits Scotland, The DPS, or Letting Protection Service Scotland. This applies to most private tenancies, including Private Residential Tenancies (PRT).

• Your deposit must be lodged within 30 working days of your tenancy start date.
• At the end of your tenancy, your landlord can't just keep your deposit—they must justify any deductions for damage, cleaning, or unpaid rent.
• The scheme holds your money until you both agree how it will be returned.

How Do You Get Your Deposit Back?

After moving out, your landlord or letting agent should inspect the property and propose any deductions through the deposit scheme. You have the right to challenge deductions you believe are unfair.

• Both you and your landlord must agree on any amount to be deducted.
• If you agree, the scheme pays you the remainder within 5 working days.
• If you disagree, you can use the free dispute resolution service provided by the deposit scheme.

Typical Reasons for Deposit Deductions

• Unpaid rent
• Damage beyond fair wear and tear
• Outstanding bills (if your contract allows)
• Cleaning costs (if property not left reasonably clean)

Challenging Deposit Deductions: Dispute Process

If you can’t reach agreement with your landlord, the tenancy deposit scheme’s free adjudication service is your next step. This means an impartial adjudicator will review both sides’ evidence (such as check-in/check-out inventories, photos, rent statements) and make a binding decision.

• Start your dispute within the scheme (typically within 30 working days of end of tenancy)
• Submit all your evidence—keep records, emails, and photos
• The scheme’s decision is binding on both parties

Official Forms and How to Use Them

While there is no standard government form for requesting your deposit, you will use your tenancy deposit scheme's official claim process online. If your landlord does not use an approved scheme, you can take formal action using:

• Application: Failure to Protect Tenancy Deposit
  EV (Failure to Protect Deposit) Form
  • When used: If your landlord has not protected your deposit, apply to the First-tier Tribunal for Scotland Housing and Property Chamber.
  • Example: Claire moved out, found her deposit wasn’t protected, so she completed and submitted this form to the tribunal (First-tier Tribunal for Scotland (Housing and Property Chamber)).

Guidance on using the EV application is available from the official tribunal site.

Relevant Legislation

The law governing deposit protection and refunds in Scotland is covered by the Tenancy Deposit Schemes (Scotland) Regulations 2011 and, for most current tenancies, the Private Housing (Tenancies) (Scotland) Act 2016.

1. Can my landlord keep part of my deposit for normal wear and tear?
   No, landlords cannot deduct for fair wear and tear—only for damage beyond this, cleaning, or unpaid rent.
2. How long does it take to get my deposit back?
   Once the scheme has both parties’ agreement, you should receive your deposit within 5 working days.
3. What if my deposit wasn’t put in a scheme?
   You can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) using the official form, and the tribunal may order your landlord to pay up to three times the deposit amount as a penalty.
4. Do I need legal help to challenge deductions?
   No, the deposit schemes’ dispute services are designed for renters to use without legal representation.
5. Where can I check if my deposit is protected?
   You can search using your tenancy details on the websites of each approved scheme: SafeDeposits Scotland, The DPS, or Letting Protection Service Scotland.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Submit applications and dispute cases
• Mygov.scot Tenancy Deposits Guide – Official government guidance for tenants
• Shelter Scotland – Tenancy Deposit Advice
• Advice.scot – Free government-funded advice on housing and consumer rights

---

1. Tenancy Deposit Schemes (Scotland) Regulations 2011
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. mygov.scot - Tenancy deposits information

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation