Tenancy Deposit Scotland: Using Simple Procedure to Recover Your Money

When the Deposit Doesn't Come Back

You moved out, left the property clean, and gave proper notice. Weeks pass. The landlord deducts for "damage" you did not cause, or simply stops responding. In Scotland, if the amount in dispute is £5,000 or less, Simple Procedure in the Sheriff Court is the route to recover it.

Tenancy deposit disputes are one of the most common types of Simple Procedure claim. The process is straightforward — the challenge comes when you win and the landlord still does not pay.

Filing the Claim

Before filing, check whether the deposit was properly protected with a government-approved scheme (SafeDeposits Scotland, mydeposits Scotland, or Letting Protection Service Scotland). If the landlord failed to protect it at all, you may have a separate statutory penalty claim worth up to three times the deposit — that is a distinct action and may need separate legal advice.

For a straightforward deposit return claim, file through the Civil Online portal. The court fee is £23 for claims of £300 or less, or £127 for claims between £300.01 and £5,000.

You will need to show what the deposit was, when it was paid, the condition the property was in when you left, and why the landlord's deductions (if any) are unjustified. Photographs, the inventory check-in and check-out reports, and any correspondence with the landlord are your key evidence.

After You Win: Enforcement

If the court awards you the deposit (or part of it) and the landlord pays within the four-week post-decision waiting period, the matter is closed. But if they do not pay, the court will not chase them.

You enforce the decision yourself by instructing a Sheriff Officer to serve a Charge for Payment — a formal statutory demand giving the landlord 14 days to pay. If they still ignore it, you move to diligence.

For a private landlord (an individual), bank arrestment or earnings arrestment are the most common routes. If you know where they bank, bank arrestment freezes funds above the £1,000 Protected Minimum Balance. If you know their employer, earnings arrestment deducts from their wages.

For a landlord who owns property in Scotland — which most do — registering an inhibition blocks them from selling or remortgaging until your debt is cleared. That tends to get attention.

For the full enforcement process after a Simple Procedure decision, including each diligence tool, its costs, and when to use it, the enforcement guide walks through every step.

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