When your tenancy deposit must be protected
Your landlord must protect your deposit in a tenancy deposit scheme unless they're exempt.
They must do this within 30 working days of the tenancy starting.
The scheme protects your money until the end of the tenancy. Your landlord cannot access the money or use it during your tenancy.
Deposit schemes your landlord can use
There are 3 government-approved schemes in Scotland:
If they do not protect the deposit in one of these schemes, they’re breaking the law.
Check if your landlord is exempt from protecting your deposit
Your landlord does not need to use a tenancy deposit scheme if any of the following apply:
- they return the full deposit to you within 30 working days of the start of the tenancy
- they live in the property with you
- your landlord is a family member, not including cousins
- you're a religious organisation
- the property is supported accommodation
- you have an agricultural or crofting tenancy
- the property is subject to control orders
- you're on holiday and staying in a short-term let
Information your landlord must give you
Within 30 days of the tenancy starting, your landlord must tell you in writing:
- the address of the rented property
- how much deposit you paid and when they got it
- the date they paid it into a scheme
- the scheme’s name and contact details
- that they’re registered as a landlord, or have applied to register
- when they would want to keep some or all the deposit at the end of the tenancy
If your landlord fails to protect your deposit
Check what to do if your landlord does not protect your deposit.
At the end of the tenancy
Your landlord must follow rules for returning a deposit.