First-Tier Tribunal Scotland Deposit Claims: Rule 103 and Form G

When a tenant believes their landlord failed to protect a tenancy deposit in Scotland — or failed to serve the prescribed information — the enforcement route is the First-tier Tribunal for Scotland, Housing and Property Chamber. The application is free for the tenant, legal representation is not required, and the tribunal must impose a penalty if it finds a breach. Understanding the process is essential for any landlord who receives one of these applications.

The Application: Rule 103 and Form G

Deposit non-compliance claims are governed by Rule 103 of the First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017. The tenant submits Form G — "Application to enforce landlord duties in relation to tenancy deposits" — through the Tribunal's online portal at housingandpropertychamber.scot.

There is no filing fee. The tenant does not need a solicitor. The application form asks for basic details: the tenant's name and address, the landlord's name and address, the property address, the deposit amount, and a description of which duties the landlord allegedly failed to meet.

The Three-Month Window

Under Regulation 9(2) of the Tenancy Deposit Schemes (Scotland) Regulations 2011, the tenant must lodge their application no later than three months after the tenancy has ended. Applications submitted outside this window are dismissed for lack of jurisdiction — the tribunal has no power to extend the deadline.

If the tenancy is still active, the tenant can apply at any time during the tenancy. There is no requirement to wait until the tenancy ends.

What the Tribunal Considers

The tribunal examines whether the landlord complied with the duties under Regulation 3:

1. Was the deposit lodged with an approved scheme within 30 working days of the tenancy start date?
2. Was the full Regulation 42 prescribed information served on the tenant within the same 30 working days?

The burden of proof falls on the landlord to demonstrate compliance. If you lodged the deposit but cannot produce evidence of the lodging date, or if you served prescribed information but cannot produce proof of delivery, the tribunal may find against you.

The Mandatory Penalty

If the tribunal is satisfied that the landlord breached any Regulation 3 duty, it must order a financial penalty. The legislation uses the word "must" — there is no discretion to dismiss a proven breach with a warning or a zero award.

The penalty ceiling is three times the deposit amount. The tribunal determines the exact figure based on the circumstances:

• How long was the deposit unprotected?
• Is this a first-time or portfolio landlord?
• Did the landlord self-correct before the application?
• Was there any deliberate concealment or bad faith?
• Did the tenant suffer actual financial harm?

Factors associated with the low/mitigating range (0.1x to 0.75x of the deposit) include a minor delay, self-correction before an application, a safeguarded deposit, and no financial harm. A professional landlord who left a deposit unprotected for multiple years amid deceptive conduct or deliberate concealment may face an award of 2x to 3x.

What Happens When the Tribunal Considers the Case

The tribunal does not mediate or negotiate. It examines the evidence, determines whether a breach occurred, and sets the penalty amount. The decision is issued in writing with a statement of reasons.

Additional Orders for Active Tenancies

If the tenancy is still running when the tribunal hears the case, it can issue two orders:

1. A financial penalty of up to 3x the deposit
2. An order requiring the landlord to lodge the deposit and serve prescribed information within a specified number of days

Failing to comply with a tribunal order creates a further enforcement issue.

Can the Decision Be Challenged

Regulation 37 applies to a deposit scheme adjudicator's ADR decision, not a First-tier Tribunal decision. For an ADR decision, a party can request a review within 10 working days on narrow grounds — a clear error of fact or law based on the evidence already submitted. New evidence cannot be introduced at the review stage.

What Landlords Should Do If They Receive a Form G Application

First, check whether you actually complied. Pull up your Deposit Protection Certificate, your proof of delivery for the Regulation 42 pack, and your bank records showing the lodging date. If you have all three and they fall within the 30-working-day window, you have a strong defence.

If you didn't comply — or can't prove you did — consider whether to correct the breach immediately. Lodge the deposit now, serve the prescribed information now, and include evidence of your self-correction in your response to the tribunal. Demonstrated self-correction is a primary mitigating factor.

Do not ignore the application. Failure to respond does not make it go away — the tribunal can proceed in your absence and issue a default penalty.

For a complete compliance system that covers every deadline, every document, and the evidence trail you need to stay protected from tribunal claims, the Tenancy Deposits in Scotland guide walks through the process from start to finish.

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