About deposits

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

When you move into rented accommodation, most private landlords or letting agents ask for a deposit. Most councils, housing associations and housing cooperatives do not ask for a deposit. This page explains what deposits are for and how you can ensure you get yours back.

What is a deposit?

A deposit is a sum of money which acts as security or a guarantee against:

• damage you, as a tenant, may do to the property
• cleaning bills if you have left the property in poor condition
• non-payment of rent
• bills that are left unpaid, for example fuel or telephone bills
• a deposit can not be used to replace items that are damaged, or worn, due to normal wear and tear, for example carpet wear.

How much is a deposit?

• Usually a deposit is equal to one month's rent, but your landlord or letting agent can legally ask for up to two months' rent.
• Once you have paid your deposit and your first month's rent, you shouldn't have to pay any additional charges, unless your letting agency asks for an administration fee. Remember, it's illegal for a landlord or letting agency to ask for a premium or 'key money' (see below).

What if I can't afford to pay a deposit?

There may be a rent deposit scheme in your area that can help you. You may also be eligible for a budgeting loan or a crisis loan. An adviser at a Citizens Advice Bureau or welfare rights agency will be able to help you with your claim.

How do I ensure I get my deposit back?

Your landlord or letting agent should return your deposit once you leave the property. Often deductions will be made to cover damage or unpaid rent. There are several things you can do make sure you get your deposit back.

When you move in

• Get a receipt for the deposit from the landlord or letting agency.
• Make sure you have a signed inventory and that everything listed on the inventory is definitely there and in the condition stated on the inventory. This includes damage to items prior to your moving in.
• If possible, take some photos of the property, so you can prove what kind of state it was in when you moved in.
  
• Ensure that your responsibilities regarding cleaning and upkeep are clearly laid out in the tenancy agreement so you know what you have to do.

While you're living there

• Try and take good care of the property and clean the place thoroughly before you move out.
• If anything gets broken or damaged, report it immediately in writing to your landlord or letting agent. Keep a copy of the letter.
• It may be cheaper to replace broken objects yourself than to wait for your landlord to replace them and then deduct the money from your deposit. However, it's best to check with your landlord first.
• If you want to carry out any repairs yourself, ask your landlord first. Some repairs are by law your landlord's or letting agency's responsibility - the section on repairs has more information about this.

When you move out

• Make sure everything on the inventory is still there, and that any damage beyond fair wear and tear has been repaired.
• Clean the property before your landlord inspects it. If your landlord has to hire a cleaner to clear up after you, the cost will come out of your deposit.
• Take photos of the property, so you can prove to your landlord afterwards that you left it in good condition.
  
• Make sure you're up to date with your rent. You're not legally allowed to withhold your last month's rent in lieu of getting your deposit back, unless you have agreed this with your landlord.
• Pay all your final gas, electricity and telephone bills - your landlord will need written proof that you've done this before you get your deposit back.
• Remove all your belongings from the property.
• Arrange for your landlord to inspect the property on the day you move out and make sure you're there when they come round.
  
• Return all keys to the property.

The landlord or letting agency should not hold back your deposit because of general wear and tear that could reasonably be expected to occur. If you feel the landlord or agency is holding back your deposit unfairly, get advice from a Citizens Advice Bureau or law centre.

When will I get my deposit back?

Once you move out, your landlord will need time to:

• inspect the property
• check whether anything has been damaged
• ensure that you haven't left any outstanding bills or rent arrears.

Go to the page on getting your deposit back to find out what to do if your landlord refuses to return your money or withholds it unfairly.

Premiums and 'key money'

What is a premium?

Some landlords or letting agencies may ask you to pay a sum of money in order to take on or renew a tenancy. This can be called a premium, 'key money' or a 'holding deposit'. They may say that this is to cover the costs of credit reference checking or other administrative tasks. This is illegal so don't hand over any money. Get advice from a housing aid centre or Citizens Advice Bureau if you are unsure whether money you are asked for is a deposit or not.

What if I've already paid a premium?

If you've already paid a premium, you can either take action in the small claims court to recover the money, or you can withhold rent up to the amount of the premium. Get advice from a Citizens Advice Bureau or law centre before you take either of these steps.

Getting help 

You can get help with deposit problems from a housing aid centre, Citizens Advice Bureau or other advice agency. Use the Advice Services Directory to find help near you.