Scottish deposit protection has its own rules and exemptions. The standard protection deadline is 30 working days from the tenancy beginning. Starting or renewing a tenancy must not attract unlawful administration or referencing fees.
Calculate and record the deposit
The Scottish limit and protection timetable differ from the other countries. Set up the task using the tenancy start and Scottish working days.
- Check that the deposit does not exceed two months' rent. Distinguish rent from a deposit and do not add an unlawful premium or administration charge.
- Record the amount, payer, receipt date and tenancy commencement date. Identify the approved scheme and the person responsible for lodging it.
- Check the protection deadline of 30 working days from the start of the tenancy and the information requirements. Calendar-month reminders can produce the wrong result.
Complete the scheme process
Treat the scheme entry and information sent to the tenant as separate evidence.
- Verify all names, the property address and the full amount. Keep the scheme's confirmation and the information supplied.
- Give the tenant a usable record of where the deposit is held and how it is returned or disputed. Correct inaccurate contact details promptly.
- Review the scheme instructions for changes in tenants, ownership or management. Do not move money informally between tenancies.
Return it fairly
Start with an itemised checkout comparison and give the tenant the evidence behind any proposed deduction.
- Separate unpaid rent, cleaning and damage claims. Avoid claiming the full replacement cost of an old item as though it were new.
- Follow the scheme's repayment and dispute procedure, including response deadlines. Release agreed sums through that process.
- If protection was late or absent, obtain advice promptly about correcting the position and potential tribunal proceedings. Returning the deposit does not necessarily erase the earlier failure.
Example: the tenancy starts before the paperwork reaches the agent
A fictional landlord sends the deposit to an agent two weeks after occupation. The Scottish protection task must still be assessed from the tenancy's start, not the date the agent opened the email. Record the handover delay and deal with the remaining deadline immediately.
What to do
- Confirm whether the scheme duty applies.
- Protect the deposit and provide the required information using the Scottish process.
- Record the tenancy start and actual payment dates.
Evidence to keep
- Scottish scheme receipt
- Required information and service evidence
Sources and guidance
- Taking a deposit as a private landlordScottish Government · checked 20 October 2026
- Being a private landlordScottish Government · checked 20 October 2026
- When you must protect a tenancy depositScottish Government · checked 20 October 2026