Can You Recover Rent If Your Scottish Home Was Unlicensed?

If you live in a rented home in Scotland, knowing your rights is vital—especially if you discover your property was not legally licensed. Scottish law requires certain private rented properties to be licensed by the local council, and if your home was not, you might have the right to claim back rent. This guide explains what unlicensed lettings mean, how to check if your property was licensed, and how you can take action to recover rent.

What Is an Unlicensed Rental Property in Scotland?

By law, every landlord in Scotland who rents out residential property must be registered with their local council under the Antisocial Behaviour etc. (Scotland) Act 2004^[1]. In addition, Houses in Multiple Occupation (HMOs), usually flats or houses shared by three or more unrelated people, must hold a valid HMO licence issued by the council.

• Landlord registration: This applies to all private landlords in Scotland.
• HMO licensing: Required if your home is shared by three or more people from more than one household.

If your landlord failed to get the necessary licence or did not register, they could be operating illegally, and as a renter you may have a right to seek repayment of some or all rent paid during the unlicensed period.

Your Right to Apply for a Rent Repayment Order

In Scotland, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if you believe your landlord rented to you without the right registration or licence. This is called applying for a "rent repayment order" under Section 73 of the Housing (Scotland) Act 2016^[2].

• You can seek up to 12 months’ worth of rent repayment if the tribunal agrees the property was unlicensed or unregistered during your tenancy.
• The Tribunal considers the circumstances, including whether you suffered harm or inconvenience, and the landlord’s behaviour.

It is important to act soon after discovering the issue, as time limits may apply.

How Do You Check If Your Property Was Licensed?

• Visit your local council’s landlord registration search tool to verify your landlord’s registration.
• For HMO licences, contact your local council directly or check their online HMO public register.

This information will help you gather evidence if you need to apply for a rent repayment order.

Applying for a Rent Repayment Order in Scotland

Applications are made through the Housing and Property Chamber. Here’s how you can apply:

• Download the Application to the First-tier Tribunal for Scotland Housing and Property Chamber - Rent Repayment Order (Form HMO Rent Repayment Application).
• When to use: Use this form if you believe your landlord operated your home without a required HMO licence.
• Example: If you lived in a shared flat with four tenants and discover the landlord never applied for an HMO licence, you can use this form to request the Tribunal orders your landlord to repay rent.
• Return the completed form by email or post, with supporting evidence (your tenancy agreement, proof of rent payments, and evidence of the lack of licence or registration).
• Official instructions and full details: Rent Repayment Orders – Housing and Property Chamber

The Tribunal will review your application and may ask for further details before a hearing is set.

What Happens After You Apply?

• If your application is accepted, both you and your landlord will be notified of the Tribunal hearing date.
• At the hearing, both sides can present evidence and make their case.
• The Tribunal’s decision is legally binding—if you are successful, your landlord will be ordered to pay you the specified rent amount.

This process is designed to provide renters with a fair, official route to redress when their home was let without the required licence or registration.

FAQ: Claiming Rent Back from an Unlicensed Landlord

1. Can I get all my rent back if my landlord wasn’t licensed?
   Not always. The Tribunal can order up to 12 months’ rent to be repaid, but may award a lesser amount based on the specific circumstances.
2. How long does the process take?
   It varies, but once submitted, applications are typically processed within several months, depending on the Tribunal’s caseload.
3. What documents will I need?
   Your tenancy agreement, proof of rental payments (like bank statements), and evidence that your landlord did not have the correct licence or registration.
4. Is there a time limit for applications?
   Yes—generally, you should apply within 12 months of the unlicensed activity. Check with the Tribunal for current deadlines.
5. Who can help me fill out the application?
   Advice agencies or your local council housing service can give guidance, but the Tribunal staff can only advise on the process, not on your individual case.

Conclusion: Key Takeaways for Renters

• If your landlord rented your property unlicensed in Scotland, you may have a right to a rent repayment order.
• Applications are made to the Housing and Property Chamber; use official forms and keep clear records.
• Check your landlord’s registration and seek advice promptly for the best chance of success.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Official body handling rent repayment orders and disputes.
• Mygov.scot Tenants’ Rights – Guidance on private renting, landlord duties, and making a complaint.
• Shelter Scotland – Free, confidential support for renters and housing issues.
• Your local council’s landlord registration service – To check registrations and licences or report unlicensed renting.

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1. Antisocial Behaviour etc. (Scotland) Act 2004
2. Private Housing (Tenancies) (Scotland) Act 2016

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