In Scotland, a landlord can deduct from a tenancy deposit for cleaning, damage beyond normal use, missing items or unpaid rent, but not for fair wear and tear or to leave the property better than it was at the start. Any proposed deduction should be backed by the inventory and the check-out evidence.
Deposit disputes are one of the most common flashpoints at the end of a tenancy because both sides often feel they are being reasonable.
Tenants may believe they left the property basically fine. Landlords may feel the property has been handed back below the standard in which it was let. In a dispute, it is the evidence that decides the outcome. If you are preparing to move out, our guide to renting with Infiniti covers each step.
How tenancy deposits work in Scotland
In Scotland, a tenancy deposit can usually be up to 2 months’ rent, and in most cases it must be protected in an approved tenancy deposit scheme within 30 working days of the tenancy starting. When the tenancy ends, the deposit scheme returns the money unless deductions are proposed, and disputes can be referred to the scheme.
What a landlord cannot deduct for
A landlord cannot use the deposit to make a property better than it was at the start of the tenancy. Deductions should not be made for fair wear and tear, for repairs that are the landlord’s responsibility unless the issue was made worse by not being reported, or for brand new replacements where that is not justified. A carpet stain, for example, may justify the cost of cleaning, but not automatically the full cost of a replacement carpet.
When a deduction is usually fair
Where deductions are often fair is where there is clear evidence of poor cleaning, missing items, damage beyond normal use, rubbish left behind or unpaid rent.
How to avoid a deposit dispute
For tenants, the best protection is to leave the property clean, photographed and properly handed over. For landlords, the best protection is a proper inventory, a fair check-out process and a calm, itemised breakdown of any proposed deduction. That is normally what separates a manageable deposit conversation from a bitter one. Shelter Scotland’s guide to getting your deposit back explains the dispute process in more detail.
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