Information for private landlords
Rent increase and deposit
When a deposit is paid to a private landlord or letting agency, they are required to register the deposit with a tenancy deposit scheme provider.
The three scheme providers in Scotland are:
- Letting Protection Service Scotland
- My Deposit Scotland
- Safe Deposit Scotland
Information that Landlords must give the scheme provider:
- their contact details
- their tenant's contact details
- details of the tenancy and property to which the deposit relate
When to register a tenant’s deposit
A tenant’s deposit must be registered with a tenancy deposit scheme within 30 working days of the tenancy starting. If the tenancy is ended within this 30 working day period, so long as the deposit is returned to the tenant in full, the requirement to register the deposit does not apply.
What can happen if a private landlord fails to use a Tenancy Deposit Scheme
Where a Private Landlord has failed to place a tenant’s deposit into a tenancy deposit scheme, the tenant can make an application to the First Tier Tribunal. This can be done either during the tenancy, or up to three months after the tenancy has ended.
The tribunal can order the landlord to pay the tenant up to three times the amount of the deposit and to pay the deposit into a scheme as well as comply with the other requirements of the tenancy deposit scheme regulations.
Returning a deposit
Both landlord and tenant can apply for the deposit to be returned from the tenancy deposit scheme.
Tenants and Landlords must apply to have the deposit returned from the scheme as soon as is reasonably practicable, after the tenancy has ended. If the tenant applies before the landlord does, but the landlord applies within 30 days of the tenant submitting their application, then the scheme will progress the application of the landlord instead of the tenants.
In the application, both the tenant and landlord must decide the amount of the deposit they think should be:
- returned to the tenant, and
- returned to the landlord
Once the scheme provider has received either the tenant and landlord's applications, they will write to the tenant or landlord informing them of the amount that either party thinks should be returned. If the landlord is making no claim on the deposit, it will be returned in full to the tenant within five working days.
If the landlord is making a claim, then the scheme will write to the tenant to advise them how much the landlord is seeking. The tenant must respond to the scheme provider within 30 working days, stating whether they agree or disagree with this amount.
If the tenant disagrees, they should write to the scheme provider detailing the amount they believe should be returned to them. If the tenant does not write to the scheme provider to confirm or dispute the amount within 30 working days, the scheme provider will return an amount of money to the landlord, within five working days.
Private Residential Tenancy
You can put a tenant’s rent up any time in the first year of their tenancy, and then once every 12 months after that.
You must send a rent-increase notice at least 3 months in advance of the change. Visit the Scottish Government's Create a rent increase notice for your tenant page for guidance.
Assured and Short Assured Tenancy
To increase your tenant's rent, you must follow the rules you created in your tenancy agreement. The rent can only be increased once per year.
If your tenancy agreement does not state if the rent can be increased, then you must provide your tenant with a valid Notice to Leave and AT2.
Expiry of The Rent Adjudication
As of April 2025, the Rent Adjudication process will revert back to existing legal requirements, which rent increases will be based on Market Rent.
Applications for a rent adjudication that have yet to be finalised or that are being appealed, will continue to be decided on the basis of the temporary changes.
