MicacorMove-In Condition And Check-Out Report

Deposit dispute Scotland: timelines, schemes, evidence

For Scotland. Updated 19 October 2026.

Scotland's deposit rules differ from those in England and Wales in ways that matter at the end of a tenancy. The deadlines run in working days, silence has consequences, and the tenant controls whether a dispute goes to adjudication. This guide covers private residential tenancies and is based on the Tenancy Deposit Schemes (Scotland) Regulations 2011, mygov.scot and the schemes' own guidance.

The basics

  • Maximum deposit. Two months' rent, according to mygov.scot.
  • Protection deadline. The landlord must lodge the deposit with an approved scheme within 30 working days of the tenancy starting. The same 30 working day window applies to giving the tenant the required information about the deposit. There are some exemptions, including where the landlord returns the full deposit within 30 working days of the start.
  • The three approved schemes. SafeDeposits Scotland, Letting Protection Service Scotland and mydeposits Scotland. Each runs a free dispute resolution service. Tenants can check which scheme holds their deposit on each scheme's website.
  • What the deposit can cover. mygov.scot lists unpaid rent or bills, damage, items missing from the inventory, and cleaning if the property is not left in a reasonable condition. It says a landlord cannot use the deposit to replace items damaged or worn through normal wear and tear.

Timeline at the end of a tenancy

1. Notice

A tenant on a private residential tenancy must give at least 28 days' notice in writing, unless a different period has been agreed in writing. Use this time to arrange the check-out.

2. Check-out and discussion

mygov.scot says that if the landlord wants to make deductions, they should discuss them with the tenant first to see whether they agree.

3. The landlord applies for repayment

The landlord must apply to the scheme on, or as soon as reasonably practicable after, the end of the tenancy. The application states how much should go to the tenant and how much to the landlord. If the landlord asks for nothing, the scheme repays the tenant within 5 working days.

4. The tenant has 30 working days to respond

The scheme writes to the tenant, who must confirm whether they agree or dispute the amounts. The 30 working days run from the date the scheme writes, not from the day the tenant moved out.

  • If the tenant agrees, the scheme pays out within 5 working days.
  • If the tenant does not reply within 30 working days, the scheme pays the landlord the amount claimed within 5 working days and holds the tenant's share until they ask for it.
  • If the tenant disputes the amount, any undisputed part is repaid as soon as practicable and the disputed amount is held.

Disputing is not the same as asking for adjudication. Under the regulations, if the tenant disputes but does not request or agree to dispute resolution, and the two sides do not reach agreement, the scheme sends a reminder on the 15th working day after the tenant's dispute notice. On the 30th working day it repays the deposit according to the landlord's application. Tenants who disagree need to ask for dispute resolution, not just say they disagree.

5. If the landlord does not apply

The tenant does not have to wait. They can ask the scheme for the deposit back. If the landlord does not respond within 30 working days, the scheme repays the tenant in full within 5 working days. If the landlord applies within that period, the landlord's application is the one that goes ahead.

How adjudication works

  • It is free for both sides.
  • It is not compulsory, but the landlord must use it if the tenant asks. If the landlord asks, it only goes ahead with the tenant's consent.
  • Talking comes first. The scheme refers a dispute once it is satisfied that the two sides have tried to resolve it. SafeDeposits Scotland says it runs self-resolution in rounds of 5 working days, reviewing the case after each round.
  • The adjudicator decides within 20 working days of receiving the referral, and gives written reasons within 5 working days of deciding.
  • Review is limited. Either side can ask for a review within 10 working days, but only on the grounds that the adjudicator got the facts or the law wrong. A review decision is final.
  • Payment follows. The scheme waits 10 working days for any review request and then pays out within 5 working days.

How evidence is assessed

The adjudicator works from documents. mygov.scot says that if the landlord cannot prove why they should make deductions, the tenant gets the full deposit back. The burden sits with the landlord.

SafeDeposits Scotland tells landlords the four key documents are:

  1. The tenancy agreement, and the clause that supports each claim.
  2. The inventory.
  3. The check-out report.
  4. A rent statement.

It also says photographs are helpful but not essential, videos are not helpful, and physical evidence is not accepted. Contractor statements and correspondence can support a claim. Common mistakes it lists include having no before-and-after evidence, not allowing for an item's age, and sending irrelevant material.

For working out amounts, SafeDeposits Scotland suggests a general guide rather than a fixed rule: charge the share of the invoice that matches the area affected, and claim for the loss of the item's remaining life rather than its full value.

What a good inventory contains in Scotland

The clearest Scottish benchmark for what an inventory should contain is the Letting Agent Code of Practice, which binds letting agents. Self-managing landlords can follow it as good practice.

At check-in, the Code says the agent should:

  • produce an inventory of everything in the property, such as furniture and equipment, and the condition of the property itself, such as marks on walls and carpets, which may include a photographic record
  • have the inventory signed by the agent and the tenant to confirm it is correct
  • if the tenant was not present, ask them to check it and raise changes in writing within a reasonable time
  • remind the tenant to sign and return it, and if they do not, tell them in writing that it will be treated as correct
  • give the tenant a signed copy

At check-out, the Code says the agent should:

  • tell the tenant beforehand what is expected, such as the standard of cleaning
  • offer the tenant the chance to be present, with reasonable notice
  • where appropriate, prepare a sufficiently detailed report, which may include photos, linked to the inventory
  • give the tenant clear written information about any damage and proposed repair costs, with reference to the inventory

SafeDeposits Scotland adds that an inventory should cover everything in the property, furnished or unfurnished, record condition and cleanliness separately because they are not the same, note smells, and avoid general phrases. Its example entry for a lounge carpet reads "Good. Small burn in front of window. Otherwise free from pulls and tears."

Micacor follows this layout: each item has its own condition and cleanliness, photos are stamped with the time you take them and printed beside the item, and both parties can sign on screen.

If the deposit was not protected

A tenant can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) during the tenancy or up to 3 months after it ends. The tribunal can order the landlord to protect or return the deposit and to pay compensation of up to three times the deposit. mygov.scot says there is no fee to apply.

Recent changes to watch

The Housing (Scotland) Act 2025 adds a process for private tenants to ask to keep a pet and to make certain changes to the property. At the time of writing these provisions were only partly in force, so check mygov.scot before relying on them. If a landlord agrees to a pet or a change, record the agreement in writing and photograph the affected area, because the check-out will be compared with the check-in.

This guide is general information, not legal advice. It does not decide what counts as fair wear and tear in any particular case.

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