What To Do If Your Guest Damages Your Rented Flat in Scotland

If you’re renting in Scotland, you may occasionally have friends or family visit your home. But what happens if a guest accidentally causes damage, such as breaking a window or staining the carpet? Understanding your responsibilities and your options can save you stress and money. This guide explains what Scottish law says about guest-caused damage, what action your landlord may take, and how you can protect yourself with renters’ insurance.

Who is Responsible if a Guest Causes Damage?

Under Scottish tenancy law, you are generally responsible for damage caused by anyone you allow into your rented property, including guests. This applies whether the damage is accidental or intentional, unless you can prove it was beyond your control. Your landlord has a right to seek compensation for repairs under the terms of your tenancy agreement.

• Tenancy agreements typically state you’re responsible for keeping the property in good condition and covering damage caused by visitors.
• If damage occurs, your landlord can deduct money from your tenancy deposit to pay for repairs, or request direct reimbursement.
• For most private tenancies, the relevant law is the Private Housing (Tenancies) (Scotland) Act 2016.¹

If you disagree with a deduction, you have the right to challenge it through approved deposit schemes.

How Landlords Must Handle Repair Costs

Landlords should not charge you for 'fair wear and tear' (normal gradual deterioration), but they can seek costs for damage above this threshold—such as a broken appliance or holes in walls.

• The landlord must provide evidence of the damage and any repair costs.
• Any deduction from your deposit is handled by an independent tenancy deposit scheme (see how to dispute a charge).
• If the property is unsafe or uninhabitable due to damage, the landlord may serve you notice to leave, following the process set by law.

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles tenancy disputes about damage and repair obligations.

Renters’ Insurance and Protecting Yourself

While landlords usually insure the building, this does not cover a tenant’s personal possessions or accidental damage caused by guests. Consider:

• Obtaining contents insurance with 'tenant’s liability' cover, which may pay for accidental guest damage.
• Checking your policy terms on liability for accidental or malicious damage by visitors.

What to Do if Damage Happens: Action Steps

• Promptly inform your landlord—ideally in writing—about the damage and how it occurred.
• Discuss options for repair or replacement. Keep records and photos for evidence.
• If the landlord wishes to deduct from your deposit, ensure you receive details and receipts.
• If you believe the damage charge is unfair, raise a dispute with your tenancy deposit scheme using their official forms and process (see how to raise a dispute).

For ongoing disputes, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for a decision on who is responsible and whether charges are justified.

Relevant Forms and Where to Find Them

• Deposit Dispute Form (provided by each approved scheme, e.g., SafeDeposits Scotland Dispute Application)
  Use this if you and your landlord cannot agree on deductions. Submit via your scheme’s website with evidence and a description of your case.
  • Example: If your guest broke a door, you can dispute a charge by submitting this form with photos and witness statements.
• Application to the First-tier Tribunal (Housing and Property Chamber)
  Official Tribunal Application Forms are available online.
  Use if you wish to contest a landlord’s action (e.g., seeking reimbursement for damage) or challenge a notice to leave following serious damage.

Both processes require supporting evidence and are free for tenants.

FAQ: Damage by Guests in Rented Homes (Scotland)

1. Who pays if my guest damages the property?
   The renter (tenant) is usually responsible for paying for damage caused by guests, unless their lease specifically excludes this.
2. Can my landlord keep my whole deposit?
   No. Your landlord can only keep the amount required to repair or replace what was damaged, not the entire deposit. Disputed deductions can be challenged.
3. What if I disagree with my landlord about the cost?
   You can raise a dispute with your tenancy deposit scheme at no cost. An independent adjudicator will decide, based on evidence.
4. Should I tell my landlord about accidental damage right away?
   Yes. Promptly notifying your landlord and keeping written records is important for transparency and your own protection.
5. Will renters’ insurance cover accidental damages caused by guests?
   This depends on your policy. Many UK renters’ insurance policies offer tenant’s liability cover. Check the details or speak to your insurer.

Need Help? Resources for Renters

• mygov.scot: Renting Guidance — Free official advice for Scottish renters.
• First-tier Tribunal for Scotland (Housing and Property Chamber) — Handles tenancy disputes, repairs, and eviction cases.
• Citizens Advice Scotland: Private Renting — Support with disputes, legal rights, and tenant advocacy.
• How to raise a tenancy deposit dispute — Step-by-step official process.

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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