Moving between lets can raise questions about what happens to your deposit. If you rent in Scotland, you have rights under the Private Housing (Tenancies) (Scotland) Act 2016 and practical steps to protect your money when a deposit is transferred from one tenancy to another. This guide explains, in plain language, when a landlord can keep, transfer or deduct from a deposit, what records you should get, how to agree a transfer in writing and what official forms and timescales apply if you need to challenge a decision. It is written for tenants and renters who want clear, practical steps and links to the official tribunal and government pages so you can act quickly and confidently.
How deposit transfers normally work
When you move from one let to another, a landlord may propose transferring the deposit from the outgoing tenancy to the incoming one. Any transfer must be agreed in writing between the tenant and the landlord and supported by records of the outstanding condition and deductions. The Private Housing (Tenancies) (Scotland) Act 2016 sets out tenants' protections for private residential tenancies and how disputes can be resolved.[1]
Key documents and evidence to collect
Before agreeing a transfer, collect and keep clear evidence so you can show the starting condition of both lets and any pre-existing damage the landlord may try to deduct for.
- Photos and videos of the property at move in and move out, clearly dated and stored safely.
- An inventory or written condition report signed by you and the landlord where possible.
- Receipts for repairs you paid for or agreed invoices if the landlord arranged work.
- A written transfer agreement specifying amounts moved, any deductions and who will hold the deposit for the new tenancy.
When a landlord can keep or deduct from a deposit
Landlords can only make reasonable deductions for unpaid rent, damage beyond fair wear and tear, or other losses set out in the tenancy agreement. Any deduction should be itemised with evidence. If you disagree, you can ask for details and challenge the deduction formally.
Official forms and where to find them
If you cannot resolve a dispute about a deposit transfer with your landlord, you can apply to the First‑tier Tribunal for Scotland (Housing and Property Chamber). The tribunal publishes application guidance and the forms you need to request repayment or a decision on disputed deductions. Use the tribunal's application pages to find the correct form for a money claim or deposit dispute.[2]
Practical examples:
- Application for an order for payment (Housing and Property Chamber application): use this when a landlord has refused to return a deposit or has made deductions you dispute. Example: you moved out, the landlord transferred the deposit but later deducted an unrecorded repair cost — you apply for an order for repayment.
- Tribunal response and evidence guidance: when you apply, include the inventory, photos and receipts as evidence. Example: attach dated photos showing the condition at move out to rebut a damage claim.
Common timelines and what to expect
Agreeing a transfer should be handled promptly. Where a deposit transfer is agreed, ask the landlord for confirmation of timescales for any deductions and the new tenancy's deposit holding arrangements. If a dispute proceeds to the tribunal, timescales vary depending on caseload and whether a hearing is needed.
- Ask for a written confirmation of the transfer and any deductions within 7 days.
- If you apply to the tribunal, expect an acknowledgment and further directions; hearing dates vary by case.
Steps to protect yourself (tenant actions)
Before you agree to a transfer, follow these steps to reduce the risk of losing money.
- Keep dated photos and an inventory for both the old and new let.
- Get any transfer agreement in writing, signed by both parties, and keep a copy.
- Ask for a clear statement of any deductions and receipts if repairs are claimed.
- Contact the Housing and Property Chamber for guidance on forms and procedures if you cannot agree.
FAQ
- Can my landlord transfer my deposit to a new tenancy without my consent?
- No. A deposit transfer should be agreed in writing between tenant and landlord; if you do not consent, the landlord must return the deposit for the old tenancy and request a new deposit for the new tenancy.
- What if the landlord says they have already spent the deposit?
- If the landlord claims they spent the deposit, ask for itemised receipts and evidence. If you dispute the claim you can apply to the First‑tier Tribunal for Scotland (Housing and Property Chamber) for an order to recover the money.
- How long will a tribunal decision take?
- Times vary. The tribunal will acknowledge applications and may issue directions or arrange a hearing; simple money claims can be quicker, but allow weeks to months depending on caseload.
How-To
- Agree the transfer in writing: ask your landlord to create a short written agreement listing the deposit amount being transferred and any agreed deductions.
- Collect evidence: take dated photos, keep inventories and save receipts for any repairs or payments you made.
- Request an itemised statement: if the landlord proposes deductions, ask for an itemised list and receipts before you sign any transfer consent.
- Do not hand over keys or accept transfer until you have a written agreement and records showing the agreed position.
- Apply to the First‑tier Tribunal if needed: use the tribunal application forms and include your evidence to request repayment or a decision.
Key Takeaways
- Always get any deposit transfer agreed in writing and keep copies of inventories and photos.
- Use the Housing and Property Chamber application forms if you cannot resolve a dispute with your landlord.
Help and Support / Resources
- Scottish Government guidance on private residential tenancies
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Private Housing (Tenancies) (Scotland) Act 2016
