Letting agents
Tenancy deposits in Scotland: lodging on time and telling the tenant
General information, not legal or qualified advice. Last checked 2 Nov 2026. Sources are linked under each section.
Every new tenancy starts a deposit deadline. The law gives a fixed window to lodge the deposit and send the tenant specific information. Agencies that miss it usually do so because the deadline sits in someone's head or diary rather than in a written process.
The deadline
Regulation 3(1) of 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— (a) pay the deposit to the scheme administrator of an approved scheme; and (b) provide the tenant with the information required under regulation 42."
For instalments, regulation 3(2A) says:
"Where the landlord and the tenant agree that the tenancy deposit is to be paid in instalments, paragraphs (1) and (2) apply as if— (a) the references to deposit were to each instalment of the deposit, and (b) the reference to the beginning of the tenancy were to the date when any instalment of the deposit is received by the landlord."
Source: legislation.gov.uk, Tenancy Deposit Schemes (Scotland) Regulations 2011, regulation 3.
The approved schemes. mygov.scot lists three government-approved schemes in Scotland: Letting Protection Service Scotland, mydeposits Scotland and SafeDeposits Scotland.
Source: mygov.scot, Protecting a tenancy deposit, linked from gov.scot, Tenancy deposit schemes.
What the tenant must be told
Regulation 42(2) lists the information:
| Item | Information |
|---|---|
| (a) | "confirmation of the amount of the tenancy deposit paid by the tenant and the date on which it was received by the landlord" |
| (b) | "the date on which the tenancy deposit was paid to the scheme administrator" |
| (c) | "the address of the property to which the tenancy deposit relates" |
| (d) | "a statement that the landlord is, or has applied to be, entered on the register maintained by the local authority under section 82 (registers) of the 2004 Act" |
| (e) | "the name and contact details of the scheme administrator of the tenancy deposit scheme to which the tenancy deposit was paid" |
| (f) | "the circumstances in which all or part of the tenancy deposit may be retained at the end of the tenancy, with reference to the terms of the tenancy agreement" |
Where the deposit is lodged on time, this information is due within the same 30 working days (regulation 42(3)(a)).
Source: legislation.gov.uk, regulation 42.
Where the agency comes in
The Letting Agent Code of Practice says:
- Para 65: "You must inform the landlord of the statutory requirements on tenancy deposits under the Housing (Scotland) Act 2006 and the Tenancy Deposit Schemes (Scotland) Regulations 2011."
- Para 66: "If you lodge tenancy deposits on a landlord's behalf, you must ensure compliance with the legislation."
- Para 48: agents must comply with section 82 of the Rent (Scotland) Act 1984, which the Code describes as prohibiting charges "except rent and a refundable deposit of no more than two months' rent."
Source: gov.scot, Letting Agent Code of Practice, Lettings.
What the 1984 Act itself says. Section 82(1): "Any person who, as a condition of the grant, renewal or continuance of a protected tenancy, requires ... the payment of any premium or the making of any loan (whether secured or unsecured) shall be guilty of an offence under this section." Section 82 is applied to private residential tenancies by section 20(1) of the Private Housing (Tenancies) (Scotland) Act 2016. The two-months' limit comes from section 90(3), not section 82: a returnable deposit "is not a premium for the purposes of this Part of this Act provided that it does not exceed the amount of two months' rent payable under the tenancy". Section 90(1) defines "premium" as "any fine, sum or pecuniary consideration, other than the rent, and includes any service or administration fee or charge".
Sources: legislation.gov.uk, Rent (Scotland) Act 1984 section 82; section 90.
What happens if it's missed
A tenant can apply to the First-tier Tribunal "no later than 3 months after the tenancy has ended" (regulation 9(2)). If the Tribunal is satisfied a regulation 3 duty was not met, it "must order the landlord to pay the tenant an amount not exceeding three times the amount of the tenancy deposit" (regulation 10(a)).
Sources: legislation.gov.uk, regulation 9; regulation 10.
A deposit procedure your whole team uses
- Record the tenancy start date and the date the deposit, or each instalment, is received.
- Diary the deadline: 30 working days from the start date, or from receipt for instalments.
- Lodge with an approved scheme, and record the date paid.
- Send the regulation 42 information, using one template covering items (a) to (f).
- Check before the deadline that both steps are done, and escalate to a named person if not.
- File the scheme confirmation and the tenant notice with the tenancy record.
How Lorework helps
- Deposit notices drafted your way. Lorework drafts replies that follow your procedure, for staff to approve, including the regulation 42 notice from your template.
- Nothing goes out unapproved. A member of staff approves every reply before it is sent.
- Your team works in chat. Staff check and approve each drafted reply in chat.
- Tenants kept informed. Once staff approve them, updates and confirmations go to tenants by SMS.
Related: Code of Practice repairs · Software buyer's guide · Lorework for letting agents in Scotland
Questions
How long does a landlord have to lodge a tenancy deposit in Scotland?
Within 30 working days of the beginning of the tenancy (regulation 3(1), Tenancy Deposit Schemes (Scotland) Regulations 2011).
What must the tenant be told?
The six items in regulation 42(2), within the same 30 working days where the deposit is lodged on time.
What can a tenant claim if the deposit isn't protected?
The Tribunal must order payment of an amount not exceeding three times the deposit (regulation 10(a)). Applications are due no later than 3 months after the tenancy ends (regulation 9(2)).
Does the duty apply if the agency handles the deposit?
The duty is the landlord's. Code para 66 says an agent lodging deposits on a landlord's behalf "must ensure compliance with the legislation."
See your deposit procedure in a demo
Book a 30-minute demo, Monday to Friday, 08:00 to 18:30 UK time.
General information, not legal or qualified advice.