Should a landlord wish to make a claim for part or all of the deposit at the end of the tenancy, Scotland’s tenancy deposit schemes offer alternative dispute resolution (ADR). For deposits held by SafeDeposits Scotland there are six different heads of claim under which landlords can make a claim: cleaning, damage, gardening, redecoration, rent arrears and other.

Cleaning

The check-in report that the tenant is provided with at the beginning of their tenancy will indicate the cleanliness of each room when they move in. It is recommended here that the landlord uses clear, descriptive terms such as “cleaned to a domestic standard” rather than “the room was very clean”, as this will paint a more accurate picture for the adjudicator of how clean the room is. The tenant should ensure that at the end of the tenancy, it is clean to at least the standard outlined on the check-in report. In the instance of a property being clean to a domestic standard at the start, there should be no expectation for it to be cleaned to a professional standard when the tenant leaves.

Damage

Should an item provided by the landlord and listed on the check-in report be damaged, the landlord could make a claim for damage. The condition of the item prior to the tenant moving in should be detailed on the inventory.

The landlord should acknowledge that it is unreasonable to expect all items in the property to be in the exact same condition as when the tenancy began, especially for longer tenancies, and will need to consider fair wear and tear when deciding whether or not to make a claim.

When making a decision on claims for damage, the adjudicator will consider criteria such as the quality of an item, how long it has been in use for proportionate to its expected lifespan, and the amount of use it sees in the property.

Gardening

Claims under the heading of gardening of course relate to problems with the property’s garden, and therefore are one of the less common claims as not every property has a garden. Gardening cases could involve situations where the tenant has not taken proper care of the garden, for example neglecting to cut the grass and the garden has become overgrown and unsightly.

Scotland’s tenancy deposits schemes also see gardening claims which involve damage to garden items that have been provided, or instances where there is litter in the garden.

The tenancy agreement should include which steps the tenant needs to follow for proper garden maintenance. In some properties, the landlord may have hired a professional gardener and this should also be indicated here if so.

Redecoration

Redecoration claims can be made for work that needs to be undertaken as a result of tenant actions that make an intentional or unintentional change to the property’s decor. Intentional changes would be those where the tenant has actively redecorated the property, such as repainting, without returning things to their original condition at the end of the tenancy. But other actions, such as hanging posters with adhesive pictures that leave a mark or children drawing on walls, can also necessitate redecoration after the tenant moves out.

Tenants should consult the landlord and the tenancy agreement before considering any redecoration within the property. Stances on redecoration will vary between landlords, and some may be more lenient than others on what changes are permissible for the tenant to make to the property. Some landlords may not want the property to be altered as they may own multiple properties and wish to maintain a level of consistency between them. Additionally the property may include a particular item, such as a specific wallpaper, that is no longer sold and is therefore irreplaceable.

Rent arrears

If a tenant fails to pay all or part of their rent, the landlord can claim part of the deposit as a contribution to the remaining rent that is in arrears. If the tenant is struggling to manage their rent, they should discuss this with the landlord and try to come to an agreement so as to prevent missed payments.

Other

Any claims that do not fit under any of the aforementioned categories are placed under the “other” category. Claims under this heading can be for a variety of different reasons, but some of the more common ones include unpaid utility debts from the tenant that are under the landlord’s name, missing items, or replacement keys.

Additionally, where money being claimed exceeds the full amount of the deposit held this would be detailed under other. Whilst the adjudicator cannot award funds exceeding the deposit, this field does allow the landlord to provide further details towards their claim, which may influence the amount of the deposit that the adjudicator awards to them.