Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"We lodged it in the end"
high likelihoodThe landlord lodges the deposit once challenged and argues that no sanction is appropriate.
What answers it
Regulation 3 fixes a 30-working-day deadline. Late lodgement is still non-compliance, and regulation 10 obliges the Tribunal to make an order where the breach is established. How late, and whether it was remedied voluntarily, goes to where in the range up to three times the deposit the award falls — not to whether there is one.
Tenancy Deposit Schemes (Scotland) Regulations 2011, reg. 10 — reg. 10 (sanctions for non-compliance)
"You got your money back, so you have lost nothing"
high likelihoodThe landlord returns the deposit in full and says there is nothing left to award.
What answers it
The regulation 10 sanction is not compensation for loss. It attaches to the failure to use an approved scheme, which deprived you of free adjudication and of the security the scheme provides, and it is payable whether or not the deposit itself came back.
Tenancy Deposit Schemes (Scotland) Regulations 2011, reg. 10 — reg. 10 (sanctions for non-compliance)
"The property needed cleaning and redecorating"
high likelihoodThe landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.
What answers it
Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.
"Prove you did not cause it"
high likelihoodThe landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.
What answers it
It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.