Key Handover Rules for Renters in Scotland

Moving into or out of a rental in Scotland involves a key moment—handing over the keys. Many renters wonder if they need to be physically present when handing keys to their landlord or letting agent. Knowing your rights and the correct procedures can help you avoid unnecessary stress and protect your deposit. Below, we answer whether you must attend key handover in person, what the law says, and how to handle handover logistics if you can't be present.

Understanding Key Handover in Scottish Tenancies

In Scotland, the key handover marks the official transfer of the tenancy. It determines when you take legal possession at the start of your lease and when your responsibility for the property ends at move-out. Being present is often recommended, but it isn't strictly required by law.

Legal Perspective: Do You Have to Be Present?

Scottish tenancy law, including the Private Housing (Tenancies) (Scotland) Act 2016^[1], does not require either the tenant or landlord to be physically present for key handover. However, clear documentation is critical.

• Presence isn't mandatory: You may arrange for keys to be left with a representative, sent by recorded delivery, or handed over at an agreed location.
• Written proof is essential: Always get written confirmation (email, signed receipt, or photographic evidence) of when and where keys were handed over.
• Landlord/agent’s agreement: Notify your landlord or letting agent in advance if you cannot be present and confirm their preferred method.

Key Handover and Deposit Protection

The timing of handover can affect your deposit return. According to Scottish regulations, your liability for rent and damages usually ends once you’ve returned the keys and the tenancy terminates.

• Both parties should confirm (ideally in writing) the date and time keys are handed over.
• For a Private Residential Tenancy, you must return all keys at the end of the agreement to avoid ongoing rent charges or disputes.

Official Forms for Ending a Tenancy

The end of a tenancy in Scotland typically involves formal notice. Here are the main forms involved:

• Notice to Leave: Used by landlords to end a Private Residential Tenancy. Link: Model Notice to Leave. Example: If your landlord wants you to leave, they must serve this form properly.
• Tenant’s Notice to Leave: Tenants must give written notice, though no official government form exists; written notice should include your name, property address, the specific date, and your signature. See guidance at Ending your tenancy (mygov.scot).

What to Do if You Can't Be Present

If you are unable to attend in person, you can:

• Ask a trusted friend or family member to return the keys on your behalf, with the landlord's advance agreement
• Send the keys by recorded or tracked post to the landlord's official address—keep proof of postage
• Arrange for key drop-off at your letting agent’s office and request a signed receipt

The Role of the Scottish Tribunals

Disputes about deposits, end of tenancies, or key handover are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). Tenants and landlords can apply here for legal resolution if issues arise over handover or deposits.

Action Steps If There’s a Dispute

• Document your handover (photos, emails, receipts)
• Communicate in writing if possible
• If agreement can't be reached, submit an application to the Housing and Property Chamber

For more information about your deposit and moving out, see the official guidance at mygov.scot.

FAQs on Key Handover in Scotland

1. Do I have to hand over keys in person at the end of my tenancy?
   No, Scottish tenancy law does not require you to be physically present. You can return keys via a representative or by recorded post—just ensure you have documented proof.
2. What if my landlord refuses to accept the keys by post?
   You should communicate in writing, offer a reasonable method, and retain all proof you attempted to hand them over. If they are unreasonable, seek advice or consider application to the Housing and Property Chamber.
3. Will delaying key return affect my deposit?
   Yes. Your liability for rent and property care usually continues until keys are returned. Prompt handover and proof are vital to protect your deposit.
4. Can my agent hold my deposit if they claim late key return?
   Your agent must use an approved tenancy deposit scheme and can only withhold deposit funds if they can prove costs due to genuine late return—disputes can be raised with the scheme provider or Housing and Property Chamber.
5. What form do I use to end my tenancy?
   There is no official tenant form, but you must give clear written notice. See guidance at Ending your tenancy.

Key Takeaways for Renters

• You do not have to be physically present for key handover in Scotland, but must provide clear proof.
• Timely and documented key return protects your deposit and ends your obligations.
• Use written notice and communicate all arrangements—keep receipts and correspondence.

Following these steps reduces the risk of disputes and helps ensure a smoother moving process.

Need Help? Resources for Renters

• mygov.scot – Renting and tenancy guidance
• First-tier Tribunal for Scotland (Housing and Property Chamber) – dispute resolution
• Citizens Advice Scotland – Housing help
• Contact your local council's housing team for local support and advocacy

---

1. See Private Housing (Tenancies) (Scotland) Act 2016 for full current law governing private residential tenancies.

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