Repairs That Landlords Can Deduct from Deposits in Scotland

When you rent a home in Scotland, your landlord will usually ask for a tenancy deposit. By law, this deposit must be protected in a Scottish Government-approved tenancy deposit scheme. At the end of your tenancy, your landlord can propose deductions from the deposit, but only for specific, legal reasons. Knowing what repairs can be deducted gives you confidence and helps prevent unfair loss of your money.

What Counts as Deductible Repairs in Scotland?

Your landlord may only deduct from your deposit for actual costs relating to breaches of your tenancy agreement, usually in these categories:

• Damage that goes beyond normal wear and tear (e.g., broken windows, holes in walls)
• Neglected cleaning (property left significantly dirtier than at start of tenancy)
• Missing items or furnishings provided by the landlord
• Unpaid rent or bills (not exactly ‘repairs’, but still valid deductions)
• Repairs for renter-caused damage (e.g., stains, burns, water damage due to negligence)

Your landlord cannot deduct for repairs that are their legal responsibility, such as fixing structural issues, normal wear and tear, or problems caused by fair use over time.

Understanding 'Fair Wear and Tear'

'Fair wear and tear' means deterioration through normal use of the property. Examples include faded carpets, small nail holes, or minor scuffs on walls. Scottish tenancy law makes clear that landlords cannot charge the tenant’s deposit for repairs or replacements that result solely from fair wear and tear.

What Is the Official Process for Deposit Deductions?

Landlords must lodge deposits in a government-approved scheme, such as:

• SafeDeposits Scotland
• Letting Protection Service Scotland
• mydeposits Scotland

When your tenancy ends, the landlord will propose deductions (if any) through the scheme. If you disagree, you can raise a dispute, which is free and handled impartially.

Relevant Official Forms and How to Use Them

• Deposit Dispute Application (via scheme): Each tenancy deposit scheme has its own online dispute form. For example, SafeDeposits Scotland’s Dispute Form allows renters to challenge unfair deductions. You would use this if your landlord claims, for example, that you damaged flooring but you provided an inventory showing the pre-existing damage.
• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber): If you believe your deposit hasn’t been protected or you’re facing an unresolved dispute, you can apply using the EVITD1 Application for Order of Payment of Tenancy Deposit. For example, if your landlord refuses to return your deposit or make justified deductions, you would use this form.

The tribunal that handles tenancy disputes in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber).

Tip: Take dated photographs and keep the original inventory at the start and end of your tenancy. This evidence is crucial if your deposit deductions are challenged.

Your Rights and How to Challenge a Deposit Deduction

If you feel any deductions are unfair or incorrect, you have the right to:

• Ask your landlord for a clear breakdown and evidence of any claimed damage
• Challenge deductions directly with the deposit scheme—free and online
• Apply to the First-tier Tribunal for Scotland if serious disputes arise

Action steps:

• Request a detailed statement from your landlord
• Gather supporting evidence (photos, inventory, emails)
• Submit a dispute through your deposit scheme if you disagree
• Apply to the Tribunal if the dispute remains unresolved

Relevant Scottish Tenancy Legislation

Deposit deductions and repairs are governed by:

• Private Housing (Tenancies) (Scotland) Act 2016
• Tenancy Deposit Schemes (Scotland) Regulations 2011

Tenants should review these if dealing with significant disputes.

FAQs: Repairs and Deposit Deductions in Scotland

1. Can my landlord deduct for painting or redecorating?
   Usually, no. Landlords can only deduct if there is damage beyond normal wear and tear (e.g., graffiti, large holes). Faded paint or normal scuffs do not justify deductions.
2. What if I accidentally broke something during my tenancy?
   Your landlord can propose a deduction for repair or replacement, but only for the reasonable cost and if you caused the damage.
3. How are cleaning costs decided?
   If the property is dirtier at the end of the tenancy than at the start (per the inventory), reasonable cleaning costs can be deducted. Normal use isn’t charged.
4. What if I disagree with a deduction?
   You can use your deposit scheme's dispute service or apply to the First-tier Tribunal for Scotland for independent review.
5. Can a landlord charge for damage caused by someone visiting me?
   Yes, if your guest caused damage during your tenancy, you may be held responsible for repairs as per your tenancy agreement.

Need Help? Resources for Renters

• mygov.scot Tenancy Deposits Guide – Comprehensive Scottish Government advice
• First-tier Tribunal for Scotland (Housing and Property Chamber) – For formal deposit and repairs disputes
• Shelter Scotland – Free tenancy advice
• Citizens Advice Scotland – Private renting support

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Tenancy Deposit Schemes (Scotland) Regulations 2011
3. First-tier Tribunal for Scotland (Housing and Property Chamber)
4. mygov.scot: Ending your tenancy – Deals with deposit returns

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