Private Rented Housing

Contents

Tenancy deposit

If you want to read about East Lothian's scheme to help people raise a deposit at the start of a tenancy, see About the Rent Guarantee Scheme.

1. What is a deposit?

2. How much is a deposit?

3. What is a tenancy deposit scheme?

4. How do I get my deposit back?

5. Further information

 

1. What is a deposit? 

A deposit is money given as security or a guarantee against:

  • damage the tenant may do to the property
  • cleaning bills if the property is left in poor condition
  • non-payment of rent
  • bills that are left unpaid, for example fuel or telephone bills.

The tenancy agreement should state what the deposit covers; the landlord cannot make deductions at the end of the tenancy for costs (such as bills or unpaid rent) that are not mentioned in it. An inventory should be drawn up before the tenancy starts, so a comparison can be made when the tenancy ends . A deposit cannot be used to pay for items damaged by the previous tenant or damaged or worn through normal wear and tear.

 

2. How much is a deposit? 

A deposit is usually one month’s rent, but can be a maximum of two months’. Landlord and letting agents are not allowed to charge tenants or prospective tenants for drawing up a tenancy agreement or inventory. If you have been charged an illegal fee you may be able to claim it back .If you are struggling to pay the deposit, the Council may be able to help through its Rent Deposit Guarantee Scheme .

 

3. What is a tenancy deposit scheme?

Once a tenant pays a deposit, the Landlord is required to pay into a tenancy deposit scheme. The tenancy deposit scheme protects the deposit. If there is a dispute about its return at the end of the tenancy, the schemes will assist to resolve it.

The deposit should be lodged within 30 working days of the tenancy starting. 

There are three tenancy deposit schemes in operation:

 

4. How do I get my deposit back? 

At the end of the tenancy the landlord will apply to the tenancy deposit scheme to have the deposit repaid. This can include a claim for deductions to be made. The tenant will be contacted by the scheme to find out if they agree with the amount to be returned to them. If there is a dispute over the amount, the tenant can apply to the scheme’s dispute resolution process. It will be referred to an independent adjudicator, who will consider the evidence and come to a decision. 

 

5. Further information

Further information on deposits is available on the Scottish Government website or Shelter Scotland.