In Scotland, a tenancy deposit is not meant to sit in the landlord's account. If your landlord takes a deposit on a relevant tenancy, they must pay it to an approved tenancy deposit scheme, and they must give you set information about it. The scheme holds the money until the tenancy ends.
This is general information, not legal advice. Your tenancy agreement and the facts of your case matter. Check the linked official sources, or speak to Shelter Scotland, Citizens Advice or a solicitor about your situation. This guide is about Scotland. England and Wales use different schemes and different time limits. Our tenancy deposit schemes guide covers those.
Last reviewed: 7 October 2026.
At a glance
| Rule | Time limit or amount | Source |
|---|---|---|
| Landlord pays the deposit into an approved scheme | Within 30 working days of the tenancy starting | SSI 2011/176 reg 3 |
| Landlord gives you the deposit information in writing | Within the same 30 working days | reg 3, reg 42 |
| Maximum deposit (private residential tenancy) | Two months' rent | gov.scot |
| Cost of paying the deposit into a scheme | No charge to the tenant or the landlord | gov.scot |
| Replying to the scheme about proposed deductions | 30 working days | mygov.scot |
| Adjudicator's decision on a dispute | Within 20 working days of receiving the referral, with written notice within 5 working days of deciding | reg 36 |
| Asking for a review of the decision | Within 10 working days of the decision, only on the grounds of an error of fact or law | reg 37 |
| Tribunal application if the deposit was not lodged | No later than 3 months after the tenancy ends | reg 9 |
Working days are usually Monday to Friday, so 30 working days is usually about six weeks (gov.scot).
The three approved schemes
mygov.scot lists three government-approved schemes (mygov.scot, updated 1 April 2025):
- SafeDeposits Scotland
- mydeposits Scotland (the scheme's own site styles the name MyDeposits Scotland)
- Letting Protection Service Scotland
Your landlord chooses which one to use. You do not choose, but you must be told which one holds the money. If you are not sure, ask in writing, and you can also check with each scheme. mygov.scot points tenants at each scheme's deposit checker (mygov.scot).
There is no insured option in Scotland. mygov.scot says the scheme holds the money until the end of the tenancy and that the landlord cannot access it or use it during the tenancy (mygov.scot). That is different from England and Wales, where a landlord can use an insured scheme and keep the deposit themselves. Do not assume an English "custodial or insured" answer applies to a Scottish tenancy.
Who has to use a scheme
The duty sits in the Tenancy Deposit Schemes (Scotland) Regulations 2011. A landlord who has received a tenancy deposit in connection with a relevant tenancy must, within 30 working days of the beginning of the tenancy, pay the deposit to the scheme administrator of an approved scheme and provide the tenant with the information required under regulation 42 (regulation 3).
The deposit must then stay with an approved scheme until it is repaid under the regulations at the end of the tenancy. If the deposit is paid in instalments, each instalment is treated separately: the 30 working days run from the date that instalment is received (regulation 3(2A)).
A "relevant tenancy" is defined in the regulations. It is not every arrangement that involves a house. mygov.scot lists situations where a landlord does not have to use a scheme, including where they return the full deposit within 30 working days of the start, where they live in the property with you, some family lets, a religious organisation, supported accommodation, an agricultural or crofting tenancy, a property subject to control orders, and a short-term holiday let (mygov.scot). If you think one of those might apply, read that page rather than guessing. Most private lets are not on the list.
The Scottish Government's notes on the model private residential tenancy say a landlord or letting agent has no authority to retain a deposit, and that deductions can only be made by an approved scheme under the regulations (gov.scot easy-read notes, updated 6 October 2026).
How much the deposit can be
For a private residential tenancy, the Scottish Government's tenant guide says that, other than rent, the landlord can ask for a refundable deposit, and that this deposit can be no more than two months' rent (gov.scot).
The model-agreement notes say the same cap, and that it is an offence to require a premium on top of the rent and a refundable deposit of no more than two months' rent as a condition of granting, renewing or continuing a tenancy (gov.scot). Those notes say that if you are charged more than two months' rent, you can contact Shelter Scotland or a Citizens Advice Bureau about claiming the extra back.
Older assured and short assured tenancies have their own rule. The Letting Agent Code of Practice points letting agents to section 82 of the Rent (Scotland) Act 1984, which stops anyone requiring any charge except rent and a refundable deposit of no more than two months' rent as a condition of granting, renewing or continuing those tenancies (Letting Agent Code of Practice). If you are not sure which tenancy you have, the agreement itself should say. Private residential tenancies have been the standard new private tenancy since 1 December 2017.
This cap is not the England and Wales five-week cap. Do not mix the two.
The 30-working-day rule, and what you must be told
Count working days, not calendar days. The Scottish Government's model-agreement notes say working days are usually Monday to Friday, so 30 working days is usually about six weeks (gov.scot).
Within that period the landlord must both lodge the deposit and give you the regulation 42 information. mygov.scot's tenant page (updated 1 April 2025) says that within 30 days of the tenancy starting you must be told, in writing (mygov.scot):
- the address of the rented property
- how much deposit you paid, and when the landlord received it
- the date it was paid into a scheme
- the scheme's name and contact details
- that the landlord is registered, or has applied to register
- the circumstances in which the landlord would want to keep some or all of the deposit at the end
The regulations are the legal duty (30 working days, information under regulation 42). mygov.scot's list is the practical checklist. If the two wordings ever look different on a detail, follow the regulations and the letter from your scheme, and get advice if you need it.
The scheme should also write to you. The model-agreement notes say you should receive a letter or email from the scheme confirming the amount, how it will be repaid, and how disputes are dealt with. If nothing has arrived after about six weeks, those notes say to contact the landlord, and to apply to the Tribunal if the deposit has not been lodged (gov.scot).
If the deposit was not lodged
A tenant who paid a deposit may apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an order under regulation 10 where the landlord did not comply with any duty in regulation 3. The application must be made no later than 3 months after the tenancy has ended (regulation 9). mygov.scot says you can apply during the tenancy or up to 3 months after it ends (mygov.scot).
That time limit is not the six-year window people talk about in England. If you are coming from an English article, do not use the English deadline.
If the Tribunal is satisfied the landlord did not comply with any duty in regulation 3, it must order the landlord to pay the tenant an amount not exceeding three times the tenancy deposit. It may also order the landlord to pay the deposit into an approved scheme, or to provide the regulation 42 information, as it considers appropriate (regulation 10). mygov.scot describes this as compensation of up to three times the deposit, and says the Tribunal can also order the deposit to be lodged if you are still living there, or returned if you have moved out (mygov.scot).
"Not exceeding three times" is a ceiling, not a figure you should expect. The Tribunal decides the amount. This guide cannot tell you what an order in your case would be.
Our guide to what to do if a deposit isn't protected is written for England. Use it for the shape of a condition record, not for the Scottish time limit or the Scottish tribunal.
At the end of the tenancy
Once you move out, the landlord must tell the scheme the tenancy has ended. You do not have to wait for them. You can tell the scheme yourself that the tenancy has ended and that you want the deposit returned (mygov.scot, updated 1 April 2025).
The regulations say the landlord must apply to the scheme for repayment on, or as soon as is reasonably practicable after, the end of the tenancy, and must say how much should be repaid to the tenant and how much to the landlord. The tenant may also apply. If the landlord has already applied, or applies within 30 working days of the tenant's application, the scheme must not progress the tenant's application in place of the landlord's (regulation 24).
If the landlord wants to make deductions, they should discuss them with you. They must tell the scheme. The scheme contacts you and asks whether you agree. mygov.scot says you have 30 working days to confirm whether you agree (mygov.scot).
Read that letter and answer it. mygov.scot says that if you do not reply, your share of the deposit stays in the scheme and the landlord gets the deductions they asked for. If there are no deductions, the scheme returns the deposit in full.
The model-agreement notes (updated 6 October 2026) describe a slightly different picture of a non-reply: the landlord is paid the amount they asked to deduct, and the rest is repaid to the tenant (gov.scot). The two official pages do not use the same words. Follow the letter from your own scheme, and the regulations, rather than either summary alone.
If the landlord never contacts the scheme, mygov.scot says you can ask the scheme to return the money, and that the scheme will return it in full within 30 days unless the landlord contacts the scheme and asks to make deductions (mygov.scot).
If you disagree with a deduction
All three schemes offer a free dispute resolution service. An independent adjudicator looks at the dispute, including evidence from you and the landlord, and decides how much of the deposit you should get back. mygov.scot says that if the landlord cannot prove why they should make deductions, you get the full deposit back (mygov.scot).
The adjudicator is deciding from what both sides send. They are not visiting the flat. A dated check-in record and a matching check-out record are what make a deduction list easy to review.
Examples the Scottish Government gives of sums a landlord can ask the scheme to pay them, rather than you, include unpaid rent, the cost of repairs if the tenant caused the damage, and bills the tenant left unpaid (gov.scot). Fair wear from ordinary use is a different question. Our fair wear and tear guide is written for England and Wales schemes. The idea (ordinary use over time, versus damage) is the question adjudicators are asking, but the Scottish schemes' own rules decide a Scottish case. Do not quote English scheme rules as if they bound SafeDeposits Scotland, mydeposits Scotland or Letting Protection Service Scotland.
For what to gather, see deposit dispute evidence and the end of tenancy checklist. Those pages are not Scottish legal advice. They are about the record.
How the dispute process runs
The regulations set the timetable for the adjudication stage. Each scheme publishes its own steps for what happens before that, so read the letters your scheme sends.
- The scheme asks both sides. The landlord sets out the deductions they want, and the scheme asks whether you agree. mygov.scot says you have 30 working days to reply (mygov.scot).
- Evidence goes to an adjudicator. If you do not agree, the dispute can go to the scheme's free dispute resolution service, and an independent adjudicator looks at what you and the landlord send (mygov.scot).
- A decision within 20 working days. The adjudicator must decide within 20 working days of receiving the referral, and must give notice of the decision in writing within 5 working days of reaching it (regulation 36).
- A review only for an error. Either side can apply to the scheme for a review within 10 working days of being given notice of the decision, but only on the grounds that the adjudicator made an error of fact or law (regulation 37).
Send your evidence in the format and by the date your scheme asks for. A check-in record, a check-out record and dated photos of the same rooms are easier for someone who has never seen the flat to compare.
If you are a landlord
This section is a short summary of the duties, for landlords who rent out a property in Scotland. It is general information, not legal advice.
- Protect the deposit. Pay it into one of the three approved schemes within 30 working days of the tenancy starting, unless an exemption on mygov.scot applies. mygov.scot says that not protecting it in one of these schemes is breaking the law (mygov.scot).
- Tell the tenant in writing. Within the same period, give the tenant the information regulation 42 requires, including the scheme's name and contact details, the date the deposit was lodged, and that you are registered as a landlord or have applied to register (regulation 42; mygov.scot).
- You cannot use the money. The scheme holds the deposit until the end of the tenancy (mygov.scot).
- At the end. Apply to the scheme for repayment and say how much should go to each side. If you want deductions, tell the scheme. The scheme asks the tenant whether they agree (regulation 24; mygov.scot).
- If it goes wrong. A tenant can apply to the First-tier Tribunal, which can order a landlord who did not comply to pay up to three times the deposit (regulation 10).
The three schemes are all approved by the Scottish Government. This guide does not rank them.
A record from day one
The scheme holds the money. It does not photograph the property for you.
- On day one, before you unpack, walk every room. Our rental inventory checklist and move-in checklist list what to cover.
- If you are given an inventory, read it against the rooms. Reply in writing about anything vague or missing, and keep a copy.
- If you are not given one, make your own and email it to the landlord or agent the same day.
- On the last day, photograph the empty rooms in the same order. The move-out checklist follows that order.
- Keep the scheme's certificate, the landlord's written information, and your emails somewhere you can still find them when the tenancy ends.
Where RentSeal fits
The scheme holds the money. RentSeal holds the record: photos by room, notes and documents, dated as you add them, which you can export if a deduction is proposed. RentSeal is not a tenancy deposit scheme. It is not SafeDeposits Scotland, mydeposits Scotland or Letting Protection Service Scotland, and it is not connected to them. It does not decide what can be deducted. You can see how it works first.
FAQ
Are Scottish tenancy deposit schemes custodial or insured?
All three approved schemes in Scotland are custodial: the scheme holds the deposit until the end of the tenancy, and the landlord cannot access it or use it during the tenancy (mygov.scot). Scotland has no insured option. The custodial-or-insured choice you may read about applies in England and Wales, not in Scotland.
Do I have to pay to use a tenancy deposit scheme in Scotland?
No. The Scottish Government says there is no charge to the tenant or the landlord to pay the deposit into one of the schemes (gov.scot), and mygov.scot says each scheme's dispute resolution service is free (mygov.scot).
Which deposit scheme is best in Scotland?
All three, SafeDeposits Scotland, mydeposits Scotland and Letting Protection Service Scotland, are approved by the Scottish Government (mygov.scot). The landlord chooses which one to use. This guide does not rank them, and the rules on lodging the deposit and on time limits are the same whichever is used.
Do I need to sign up to a deposit scheme myself?
No. Your landlord pays the deposit into the scheme and must give you the details in writing within 30 working days (regulation 3). If you have heard nothing after about six weeks, contact the landlord, and check with each scheme (gov.scot; mygov.scot).
I'm a student. Do the same rules apply?
In general, yes. If you rent from a private landlord, the deposit rules apply in the same way whether or not you are a student. Some types of accommodation are outside them. mygov.scot lists the exemptions (mygov.scot). If you are not sure, ask your landlord or accommodation provider in writing which scheme holds your deposit.
What happens if I don't reply to the scheme about deductions?
mygov.scot says that if you do not reply within 30 working days, your share of the deposit stays in the scheme and the landlord gets the deductions they asked for (mygov.scot). Read the scheme's letter as soon as it arrives, and answer it.
Sources
- mygov.scot, "When your tenancy deposit must be protected" (updated 1 April 2025): https://www.mygov.scot/tenant-deposits/protection (Last checked: 7 October 2026)
- mygov.scot, "When you must protect a tenancy deposit" (updated 1 April 2025): https://www.mygov.scot/landlord-deposit/protection (Last checked: 7 October 2026)
- mygov.scot, "Getting your tenancy deposit back when you move out" (updated 1 April 2025): https://www.mygov.scot/tenant-deposits/get-deposit-back (Last checked: 7 October 2026)
- mygov.scot, "Returning a deposit at the end of a tenancy": https://www.mygov.scot/landlord-deposit/return (Last checked: 7 October 2026)
- Tenancy Deposit Schemes (Scotland) Regulations 2011, regulations 3, 9, 10, 24, 36, 37 and 42, legislation.gov.uk: https://www.legislation.gov.uk/ssi/2011/176 (Last checked: 7 October 2026)
- Scottish Government, "Private residential tenancy: information for tenants", rent and other charges: https://www.gov.scot/publications/private-residential-tenancies-tenants-guide/pages/rent-and-other-charges/ (Last checked: 7 October 2026)
- Scottish Government, model private residential tenancy agreement easy-read notes, section 11 Deposit (first published 1 April 2024, updated 6 October 2026): https://www.gov.scot/publications/private-residential-tenancy-model-agreement-easy-read-notes/pages/12/ (Last checked: 7 October 2026)
- Letting Agent Code of Practice (Scotland) Regulations 2016, legislation.gov.uk: https://www.legislation.gov.uk/ssi/2016/133 (Last checked: 7 October 2026)
- SafeDeposits Scotland: https://www.safedepositsscotland.com/ (Last checked: 7 October 2026)
- mydeposits Scotland: https://www.mydepositsscotland.co.uk/ (Last checked: 7 October 2026)
- Letting Protection Service Scotland: https://www.lettingprotectionscotland.com/ (Last checked: 7 October 2026)
Before you act
This is general information, not legal advice. Scheme rules and tenancy law change, and your tenancy agreement matters. For your situation, use the official pages above or speak to Shelter Scotland, Citizens Advice or a solicitor.