Deposits in private tenancies
Paying a tenancy deposit
Private landlords and letting agents can ask for up to 2 months' rent as a deposit.
Usually they must pay your deposit into a deposit protection scheme.
They’re not allowed to charge you any non-refundable fees to get a tenancy.
What a deposit is used for
A deposit is a sum of money kept aside in case:
you damage the property or leave it in poor condition
you move out with unpaid rent or bills
Your landlord cannot take money from your deposit during your tenancy. They cannot charge you for wear and tear that's happened gradually through normal use.
There are schemes that can help with the upfront costs of private renting. Check our advice on help to pay a deposit and first month's rent.
Unlawful fees
Landlords and letting agents cannot charge you fees for starting or renewing a tenancy. This includes:
administration fees for things like credit checks
holding fees or key money to secure a tenancy
If you're asked to pay a holding deposit before signing a tenancy agreement, check that it will be put towards the deposit when the tenancy starts, or refunded if you do not get the tenancy.
If you’re told the money is not refundable, this is unlawful.
Some fees are allowed if they're not related to starting the tenancy. For example, a letting agent can charge you a reasonable fee to provide a reference after your tenancy ends.
If you've been charged an unlawful fee
Use our letter template to ask for your money back.
Copy and paste this sample text and personalise it with your details. Attach any proof you have of paying the fee to your email, or send a copy in your letter.
Letter template: ask for unlawful fees to be refunded
Subject: Refund unlawful fees for <address>
To <landlord’s or letting agent’s name>
I’m writing to ask you to return the £<amount> I was charged in relation to renting <address>. Attached is <a receipt/bank statement/other proof that the fee was paid>.
Under the Rent (Scotland) Act 1984, it's unlawful for landlords or letting agents to charge a premium for the granting or renewal of a tenancy.
As this charge was not for rent or a refundable deposit, it is unlawful. Please confirm that you will refund the money within 7 days.
If I do not hear from you, I will consider taking legal action to recover the money.
Thank you,
<your name>
<the date>
You can also send the letter as an email attachment or through the post:
Word template: request refund of unlawful fees (docx, 23 kb)
OpenDocument template: request refund of unlawful fees (odt, 9 kb)
If the landlord or letting agent refuses to refund the money, you can:
When you move in
Take these steps to make it easier to get your deposit back.
Check your inventory
Your landlord should give you an inventory that says:
what furniture and household items are provided
what condition the property, furniture and fittings are in
Having an accurate inventory will make it easier to get your deposit back when you move out.
If your landlord does not give you an inventory, you can make one yourself. Take photos and make note of any damage, and ask your landlord to sign the inventory.
Download a sample inventory (pdf, 217 kb)
Get proof of payment
It's best to pay your deposit by bank transfer so you have a record of it.
Ask your landlord to confirm in writing that they've received your deposit. If you pay in cash, ask for a receipt.
Deposit protection schemes
Most private landlords, letting agents and student accommodation providers have to protect your deposit in a tenancy deposit scheme.
They must do this within 30 working days of your tenancy starting.
Once they've paid the deposit into a scheme, your landlord must tell you in writing:
the amount of the deposit and the date they received it
the date the deposit was paid into the tenancy deposit scheme
the address of the property the deposit relates to
that they're registered as a landlord with the council, or have applied to be registered
the name and contact details of the tenancy deposit scheme where the deposit was paid
the circumstances in which all or part of the deposit can be kept at the end of the tenancy
There are 3 approved schemes your landlord can use. You can check online if your deposit is protected with one of them:
You can also use our letter template to ask if your deposit is protected. Copy and paste this sample text and personalise it with your details.
Letter template: ask where your deposit is protected
Subject: Deposit for <your address>
To <landlord's name>
I am writing to request information regarding the deposit I paid for my rented property at <your address>.
I paid £<deposit amount> to you on <date>.
By law, within 30 working days of the tenancy starting, you must protect the deposit in a deposit protection scheme.
You must also provide me with written information about the deposit, including the name and contact details of the deposit protection scheme, and the date the deposit was paid into the scheme.
Please send me the required information as soon as possible.
Thank you,
<your name>
<the date>
You can also send the letter as an email attachment or through the post:
Word template: request to know where my deposit is protected (docx, 15 kb)
OpenDocument template: request to know where my deposit is protected (odt, 8 kb)
If your landlord does not protect your deposit and send you the right information, you can claim compensation.
When your landlord is exempt from the deposit protection scheme
Your deposit does not need to be put in a scheme if you:
rent from a family member, not including cousins
stay in a holiday home
live in a property used by a religious organisation
live in supported accommodation
have an agricultural or crofting tenancy
Last updated: 9 April 2024
Housing laws differ between Scotland and England.
This content applies to Scotland only.