Appealing a Rent Repayment Order Decision in Scotland

If you’re renting in Scotland and the tribunal has made a decision on your Rent Repayment Order (RRO) application, you might be wondering: what are your options if you disagree with the outcome? Scottish law gives both tenants and landlords the right to appeal certain RRO decisions, but there are strict procedures and deadlines you must follow. This guide explains the appeal process in clear, practical steps, tailored for renters across Scotland.

Who Decides Rent Repayment Orders in Scotland?

In Scotland, decisions about Rent Repayment Orders are made by the First-tier Tribunal for Scotland (Housing and Property Chamber). If you feel the tribunal got something wrong—such as a misapplication of the law or a serious procedural error—you may be able to challenge their decision through an official appeal process.

When Can You Appeal an RRO Decision?

You can usually only appeal a tribunal decision if you believe there’s been a legal mistake, not just because you disagree with the outcome. Common grounds for appeal include:

• The tribunal has misunderstood or misapplied the law
• There was a significant procedural error in how the case was handled
• New evidence has come to light that could not have been presented earlier

Appeals are not automatic—you must first ask the Tribunal for permission (“leave to appeal”).

How to Apply for Permission to Appeal

To begin your appeal, you must submit a Request for Permission to Appeal to the First-tier Tribunal, usually within 30 days of the decision being issued. The form you should use is:

• Application for Permission to Appeal to the Upper Tribunal from the First-tier Tribunal for Scotland (Housing and Property Chamber)
  Form: Permission to Appeal Application Form
  • When to use it: If you receive a written decision you believe is legally incorrect, submit this form to the same Chamber that made the decision.
  • Example: If the Tribunal decides not to award you a Rent Repayment Order because they misinterpreted a section of the Housing (Scotland) Act 2006, you would use this form to challenge that decision.

Send your completed form and any supporting documents to the Tribunal by post or email. Full instructions are included at the end of the form. Contact details for the Housing and Property Chamber are available online.

What Happens After You Apply?

The Tribunal will first review whether there are reasonable grounds for appeal and decide if you can proceed to the next stage. If your application is accepted, your case moves to the Upper Tribunal for Scotland for a formal appeal hearing. The Upper Tribunal handles all further appeals on Rent Repayment Orders.

Deadlines and Next Steps

• You must request permission to appeal within 30 days of the decision being sent to you.
• If your initial request is refused, you can apply directly to the Upper Tribunal within 30 days—but provide clear reasons and relevant evidence.
• If permission is granted, both you and your landlord will be told about next steps and any deadlines.

Strict deadlines apply, so act quickly and keep all correspondence.

Relevant Legislation and Official Guidance

• Housing (Scotland) Act 2006 (main legal framework for Rent Repayment Orders)
• First-tier Tribunal for Scotland (Housing and Property Chamber) (official decision-maker for RROs)
• Upper Tribunal for Scotland (handles appeals on legal points only)

1. Can I appeal every RRO decision in Scotland?
   Not every decision can be appealed. Appeals are generally allowed only on points of law or serious procedural errors, not just dissatisfaction with the outcome.
2. Is there a time limit to appeal after an RRO decision?
   Yes, you must submit your request for permission to appeal within 30 days of the tribunal’s written decision being issued to you.
3. Where do I send my appeal application?
   Your Permission to Appeal form should be sent to the First-tier Tribunal for Scotland (Housing and Property Chamber). If that’s refused, you may then apply directly to the Upper Tribunal for Scotland.
4. What happens if my appeal is successful?
   If the Upper Tribunal allows your appeal, they may set aside the original decision and order the First-tier Tribunal to reconsider your case, or they may issue a new decision themselves.
5. Where can I find help completing my appeal forms?
   You can contact the Housing and Property Chamber for procedural guidance or use free advice services such as Shelter Scotland (see our Resources section below).

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Information, application forms, and guidance
• Upper Tribunal for Scotland – Appeal procedures and rules
• Shelter Scotland advice services – Free legal advice for renters
• Citizens Advice Scotland – Information and local advice centres
• Scottish Government: Private Renting and Tenancy Reform – Official guidance for tenants and landlords

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1. Housing (Scotland) Act 2006
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Permission to Appeal Application Form
4. Upper Tribunal for Scotland
5. Shelter Scotland
6. Citizens Advice Scotland
7. Scottish Government: Private Renting and Tenancy Reform

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