Can You Still Claim Rent Repayment If Your Landlord Fixed the Issue in Scotland?

If you rent in Scotland and your landlord has recently fixed a problem—like improving poor living conditions, repairing hazards, or getting a necessary licence—you may wonder if you can still seek a Rent Repayment Order or compensation for previous issues. Understanding how Scottish law handles these situations can help you decide your next steps.

Understanding Rent Repayment Orders and Compensation in Scotland

Under Scottish law, certain landlord breaches—such as renting out an unlicensed property or failing to address significant hazards—may entitle renters to seek some or all of their rent back through a process known as a "Rent Repayment Order". Even if your landlord has since fixed the problem, you may still have a claim depending on when the breach happened and how long it lasted.

What Counts as a Landlord Breach?

• Renting out a property without a valid landlord registration
• Operating a House in Multiple Occupation (HMO) without the correct licence
• Persistently failing to carry out required repairs or maintain basic living standards

The main law covering this is the Private Housing (Tenancies) (Scotland) Act 2016, along with the Antisocial Behaviour etc. (Scotland) Act 2004 for landlord registration.

If Your Landlord Has Now Fixed the Problem—What Next?

Even if the landlord has resolved the issue (such as by registering, obtaining a licence, or fixing vital repairs), you could still be entitled to claim for the period when your landlord was in breach. The Scottish Tribunal considers if:

• The landlord was in breach for a defined period
• You lived in the property as your only or main home during that time
• The problem has now been fixed, but the breach affected you previously

Which Tribunal Handles These Applications?

In Scotland, the First-tier Tribunal for Scotland Housing and Property Chamber is the official independent body that deals with Rent Repayment Orders and other tenancy disputes.

Relevant Forms and How to Apply

• Application for a Rent Repayment Order (Form RRO): Use this to request the return of rent for periods when the property was unlicensed or when your landlord was not properly registered.
  Official Form RRO – Rent Repayment Application
  
  Example: If you discover your landlord only got their HMO licence halfway through your lease, you could fill out this form to claim for the unlicensed months.
• General Application (Form G): For other types of disputes, such as failure to carry out repairs, you can use the general application form.
  Official General Application Form (Form G)
  
  Example: If your landlord delayed urgent repairs and only fixed them later, this form allows you to describe your case and request consideration for compensation.

Action Steps for Renters

• Gather documentation—photos, emails, letters, or statements showing when the problem existed and when it was resolved
• Check if you're still within the relevant time limits (usually within 12 months of the breach ending for a Rent Repayment Order)
• Decide whether to fill in Form RRO or Form G, depending on your situation
• Submit your application, along with evidence, to the Housing and Property Chamber (submit an application online)

If you’re not sure which form or avenue applies to you, the Housing and Property Chamber’s helpline can offer guidance, or you may wish to seek free advice from a tenancy support service.

FAQ: Rent Repayment and Fixed Issues in Scotland

1. Can I still apply for a Rent Repayment Order if my landlord fixes the problem?
   Yes, you can apply for a Rent Repayment Order for the period your landlord was in breach, even if the problem has now been fixed.
2. What evidence do I need to prove my claim?
   Gather any documentation that shows when the breach occurred and when it was resolved—such as emails, messages, repair invoices, or witness statements.
3. How long do I have to apply for a Rent Repayment Order?
   You typically have up to 12 months from the end of the breach to submit your application to the Housing and Property Chamber.
4. What happens if the Tribunal agrees with my claim?
   If successful, the Tribunal may order your landlord to repay an amount of rent covering the period of the breach.
5. Where can I get help filling out the Rent Repayment Order forms?
   The Housing and Property Chamber provides guidance on completing their application forms, and organisations like Shelter Scotland offer free advice.

Conclusion: What Renters Should Remember

• Scottish law allows you to claim rent back for periods when your landlord was in breach, even if they fixed the problem later.
• The Housing and Property Chamber handles Rent Repayment Orders—use their official forms and attach strong evidence.
• There are clear time limits, so act promptly and seek help if unsure.

Even if your landlord has resolved a problem, you do not lose your right to seek compensation for past breaches. Being prepared and informed will support your claim.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland Housing and Property Chamber — official body for tenancy disputes and Rent Repayment Orders
• Shelter Scotland — free advice and support for private renters
• Scottish Government Private Renting Policy — guidance on renting, rights, and landlord obligations
• Local councils — contact your council's private renting team for further assistance

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. Antisocial Behaviour etc. (Scotland) Act 2004
3. Housing and Property Chamber - Rent Repayment Orders
4. Scottish Government: Landlord Registration
5. Shelter Scotland - Advice Services

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