At the end of a private rented tenancy, if the landlord believes the tenant has been in breach of their tenancy agreement, they may wish to make a claim for part of the deposit. There are a variety of different types of claims that could be made, but ultimately there should only be a claim where the landlord has suffered some sort of financial loss as a result of the tenant’s actions.
For tenancy deposit scheme SafeDeposits Scotland, there are six headings that claims can be made under:
- Cleaning
- Damage
- Redecoration
- Rent arrears
- Gardening
- Other
Cleaning
Cleaning claims are the most common type of claim made. While the idea of a cleaning claim might conjure up ideas of a home that has been left extremely unclean, these claims are usually made in instances where the property simply has not been cleaned to the same standard as has been indicated on the check-in report, detailing the condition of cleanliness when the tenant moved in.
The check-in report should use clear language when describing cleanliness, rather than terms like “very clean” or “sparkle clean” – these terms are very subjective, and definitions will vary from person to person. Instead, more objective terms like “clean to a domestic level” are preferred. The condition at the end should reflect how it looked at the start, so if the kitchen has been described as “clean to a domestic level”, it is expected that it will be returned this way.
Damage
Claims under the head of damage can be either for damage to items that the landlord has provided, or for damage to the property itself. Once again, the condition of each item should be detailed on the check-in report – for example, if a kitchen counter is in good condition and free of any chips or burn marks, this should be noted. If a claim was then to be made at the end of the tenancy over chips and burns to that same counter, the adjudicator needs to know that the counter was not like that prior to the tenant moving in.
When it comes to damage claims, the adjudicator will usually only award an amount that is proportional to the level of damage caused, rather than the full replacement amount – for example where there is a burn mark on the carpet, although this will affect how it looks, it still performs its intended function. To award the cost of a full replacement would constitute betterment, where the landlord has profited through the tenant.
Gardening
Gardening is one of the less common claims, as not all properties have a garden. For those that do, the tenancy agreement should include details on whose responsibility it is to upkeep garden maintenance, as some landlords may hire a professional gardener to maintain it.
If the agreement indicates that the garden is the tenant’s responsibility, they may be required to take care of any plants in the garden, and in this case the landlord should provide instructions of care.
Gardening claims could involve cases where proper care has not been taken to maintain the garden, such as allowing it to become overgrown, along with instances where there is missing or damaged garden furniture.
Redecoration
Redecoration claims occur where the tenant has made substantial changes to the property without the landlord’s permission. This could involve repainting or wallpapering, or even having new carpets installed. If the tenant has redecorated, they will need to return the property in the condition it was at check-in.
A redecoration claim could also involve a situation where the landlord themselves has to pay for the property to be redecorated because of the tenant’s actions, such as painting over stains or plastering holes that have been left in walls.
The Housing (Scotland) Bill 2025 introduces measures to give tenants more freedom to redecorate the property, including making small alterations to the property without the need to seek the landlord’s permission, and larger changes with written permission from the landlord, after at least six months of living in the property.
Rent Arrears
If the tenant has not kept up with their monthly rent payments, the landlord may wish to claim part of the deposit towards the amount in arrears. Should the tenant find themselves in a position where they may struggle to pay their rent, they should alert the landlord at the earliest instance. Tenancy Redress Service is a free mediation and conciliation service operated by Tenancy Deposit Scheme that can help both parties to come to an agreement to resolve rent arrears.
Other
Where a claim is being made that does not fit into any of the other categories, it should be placed under the “other” heading. Claims placed under this category can include instances of unpaid utility debts or missing items.
