Scotland's onboarding rules look similar to England's until you check the numbers. Then the differences start to matter. The deposit clock runs in working days. The cap is two months' rent rather than five weeks. Rent in advance can be up to six months, a materially different position from England's rules. And there's no Right to Rent check at all.
Run a translated English process in Scotland and you'll get several things wrong at once. Here's what the first weeks should look like.
Scope: Scotland, private residential tenancies. Housing is devolved, so England, Wales and Northern Ireland operate different rules. This covers onboarding only. Certificate renewal cycles are in our guide to the landlord compliance calendar for Scotland, and registration in our guide to landlord and letting agent registration.
Before You Advertise
Landlord registration must be in place. mygov.scot is direct: a landlord must be registered when they rent out a property, and they break the law if they are not.
Adverts and listings must show either the landlord's registration number, or the words "landlord registration pending" where an application is still processing. The EPC rating goes on too, and a letting agent's LARN alongside.
The electrical safety inspection comes first. This is the Scottish requirement that catches people out. Under gov.scot's Repairing Standard guidance, the inspection covering both the fixed installation and landlord-supplied equipment must be carried out before the property is let for the first time, then at intervals of no more than five years.
Screening a Tenant
Scotland is specific about what you can ask for and what you cannot charge. You can ask for a passport or driving licence to prove identity, payslips or bank statements to prove affordability, and contact details for previous landlords as a reference.
Credit checks need written permission. You can only check a tenant's credit rating if they give you written permission. You cannot charge for the credit check. Not the tenant's, not the guarantor's. mygov.scot describes these as illegal fees a tenant can claim back.
No Right to Rent check. That immigration policy applies in England only. Discrimination rules apply. You cannot discriminate against someone because they have children or receive benefits.
What You Can and Cannot Charge
Deposit: up to two months' rent. Higher than England's five-week cap.
No holding deposits, key money, premiums or fees. A non-refundable holding deposit is an illegal fee and a tenant can claim it back.
Rent in advance: up to six months. mygov.scot states a landlord can ask a tenant to pay rent before moving in, usually where there's no guarantor. You must say what period it covers, and cannot charge more than six months' rent in advance.
That one deserves a pause if you're used to the English position, which is considerably tighter.
Guarantors are permitted, and the guarantor signs the guarantor section of the tenancy agreement.
Cash rent needs a receipt. Every time.
The Tenancy Agreement
Scotland has a model private residential tenancy agreement. Government guidance on the tenancy agreement service states that you must give the tenant both the agreement and the easy read notes that explain it, and that you must not change or remove any of the bold text, which you are legally required to include. Complete the blanks, add your own terms if needed, but the mandatory wording isn't yours to edit.
You can generate both documents through the mygov.scot service, or download the model template and notes to complete yourself. Working from a template that predates the PRT, or one written for an English tenancy? Replace it. It won't contain the required Scottish clauses.
The Deposit Clock
Two deadlines here, and one of them needs care.
Lodging: 30 Working Days
Protect the deposit in an approved scheme within 30 working days of the tenancy starting. Working days being Monday to Friday, that's usually around six weeks.
Three schemes are approved in Scotland: Letting Protection Service Scotland, mydeposits Scotland and SafeDeposits Scotland. Not using one of them means breaking the law.
gov.scot's model agreement guidance also states that where a deposit is paid in instalments, each instalment must be lodged within 30 working days of that instalment being paid.
The Information: Check Which Deadline Applies
This is where official sources diverge, so treat it carefully.
mygov.scot states the deposit details must be given within 30 days of the tenancy starting. gov.scot's easy read notes for the model agreement state 30 working days.
Those aren't the same period. Work to the shorter one, which is 30 calendar days, and you satisfy both readings.
What you must tell the tenant in writing:
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The address of the rented property
-
How much deposit they paid and when you received it
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The date you paid it into a scheme
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The scheme's name and contact details
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That you're registered as a landlord, or have applied to register
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When you would want to keep some or all of the deposit at the end of the tenancy
That last item is easy to miss. It's not just where the money is, it's the circumstances in which you'd seek to retain it.
If You Get It Wrong
The tenant can take you to the First-tier Tribunal, which can order you to protect the deposit if they still live there, return it if they've moved out, and pay compensation of up to three times the deposit amount. They can apply during the tenancy or up to three months after it ends.
When You're Exempt
You don't need a scheme where:
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You return the full deposit within 30 working days of the tenancy starting
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You live in the property
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You're renting to a family member, not including cousins
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You're renting to a religious organisation
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You're renting out supported accommodation
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It's an agricultural or crofting tenancy
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The property is subject to control orders
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You're letting a holiday home
Recommended internal trigger, not a legal deadline: lodge within 5 working days. Six weeks sounds generous until a scheme registration problem and someone's annual leave land in the same fortnight.
Day One
Check the alarms work. Scotland requires an interlinked system of smoke and heat alarms with adequate carbon monoxide detection. Record the check.
Complete the inventory with dated photographs. This is what a deposit adjudicator compares against at the end, and it's the most valuable thing you'll produce during onboarding.
Meter readings for every utility.
Keys issued, how many and to whom.
Serve everything and log it. Gas certificate, electrical report, EPC, tenancy agreement, easy read notes, deposit information. What went out, and when.
What Runs Differently From England
|
Scotland |
England |
|
|---|---|---|
|
Deposit cap |
2 months' rent |
5 weeks' rent |
|
Deposit lodging |
30 working days |
30 calendar days |
|
Rent in advance |
Up to 6 months |
Considerably tighter |
|
Right to Rent |
Not required |
Required |
|
Credit check fee |
Illegal |
Permitted |
|
Electrical inspection |
Before first let, then max 5 years |
EICR every 5 years |
|
Landlord-supplied appliances |
Included in Scottish electrical safety requirements |
Not a separate requirement |
|
Tenancy agreement |
Model agreement, mandatory bold text |
No prescribed form |
On appliances, the detail matters: the overall electrical safety inspection cycle can't exceed five years, but individual appliance retest dates are set at inspection and are usually more frequent. Our compliance calendar for Scotland covers how to track both.
Setting the Clocks
Onboarding is the cheapest moment to set up everything that follows. These are internal planning triggers, not legal deadlines.
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Gas renewal at ten months from the certificate date, against a twelve-month requirement.
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Electrical inspection at four years nine months, plus separate entries for any appliance retest dates the inspector sets.
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Rent review keyed to your intended next increase date rather than the tenancy anniversary, working back three months for notice plus delivery plus evidence gathering. Our guide to rent increases in Scotland covers the timing.
-
Registration renewal at 90 days before expiry, for landlord and letting agent registration where applicable.
Minutes at onboarding. Days if you try to reconstruct it across a portfolio later, and usually only after something has already lapsed.
One More Thing to Expect
Since April 2026, councils have been collecting information about rents charged in their area, and can require landlords and tenants to provide it.
Worth knowing at onboarding rather than being surprised by a request later.
The Records That Decide Things Later
Everything that matters at the end of a tenancy gets created at the start.
Deposit adjudication compares check-out condition against check-in. Repairing Standard disputes turn on what was reported and when. Eviction on discretionary grounds turns on a file built as events happened.
None of it can be assembled afterwards with any credibility.
Hold against the tenancy from day one: inventory with dated photographs, meter readings, keys issued, alarm check, copies of everything served with dates, proof of service, scheme confirmation and the deposit information.
Structured tenancy and property records holding all of it in one place make the file build itself rather than requiring someone to assemble it under pressure.
Conclusion
Scottish onboarding isn't harder than English onboarding. It's different in ways that don't announce themselves.
Working days rather than calendar days for lodging. Two months rather than five weeks. Six months of rent in advance permitted. No credit check fee. An electrical inspection before first let. A model agreement whose bold text you cannot touch. And no Right to Rent check.
Any of those applied wrongly produces a gap that surfaces later, usually at the point you need the deposit or the possession. And on deposits specifically, getting it wrong can cost three times the deposit itself.
The fix is unremarkable. Run the Scottish sequence rather than a translated English one, lodge early instead of on the deadline, and set the recurring triggers before the tenant has unpacked.
Frequently Asked Questions
1. How long do I have to protect a deposit in Scotland?
Thirty working days from the start of the tenancy, usually around six weeks. Where a deposit is paid in instalments, gov.scot guidance states each instalment must be lodged within 30 working days of that instalment being paid.
2. When must I give the tenant the deposit information?
Official sources differ. mygov.scot states within 30 days of the tenancy starting; gov.scot's easy read notes for the model agreement state 30 working days. Working to the shorter period satisfies both.
3. How much deposit can a landlord take in Scotland?
Up to two months' rent. Non-refundable holding deposits and key money are illegal fees a tenant can claim back.
4. Can a landlord ask for rent in advance in Scotland?
Yes. mygov.scot states a landlord can ask a tenant to pay rent before moving in, usually where there is no guarantor. They must say what period it covers and cannot charge more than six months' rent in advance.
5. Can a landlord charge for a credit check in Scotland?
No. A landlord can only check a tenant's credit rating with written permission, and should not charge a fee for a credit check on the tenant or guarantor.
Important Notice
This article applies to Scotland only and to private residential tenancies. Housing law is devolved and requirements differ in England, Wales and Northern Ireland.
Information was checked against mygov.scot and gov.scot guidance available as at 17 August 2026. Requirements, deposit rules and timescales may change, and the Housing (Scotland) Act 2025 is being commenced in stages. Councils may impose additional requirements through HMO licensing.
Always verify current requirements on mygov.scot and gov.scot before setting up a tenancy.
This content is general information only and does not constitute legal advice. RIOO is not a law firm. Consult a solicitor qualified in Scots law for advice on a specific situation.