Claiming a Rent Repayment Order in Scotland: Maximum Compensation Explained

Ever wondered how much you might get back if you win a Rent Repayment Order (RRO) in Scotland? Renters across Scotland can use RROs to claim back rent from landlords who break certain housing laws. Understanding how much you could get and how the process works is crucial when weighing your options or preparing your case.

What is a Rent Repayment Order?

A Rent Repayment Order, or RRO, is an order made by the First-tier Tribunal for Scotland (Housing and Property Chamber) requiring a landlord to repay rent to a tenant. This usually applies if your landlord has committed certain offences, such as renting out a property without the necessary licence. The relevant legislation is the Housing (Scotland) Act 2016, Part 5.^[1]

Who Can Apply for an RRO?

You could be eligible to apply for a Rent Repayment Order if:

• You paid rent while your landlord was operating without the required Landlord Registration
• Your landlord rented out an unlicensed House in Multiple Occupation (HMO)
• Your landlord failed to comply with improvement or repair notices issued by the council

More eligibility details are available on the official Housing and Property Chamber RRO guidance page.

How Much Can You Claim?

The amount you can claim with a Rent Repayment Order in Scotland depends on:

• The total rent you paid for up to 12 months during the period the landlord broke the law
• What offence your landlord committed
• Whether you received housing benefit or Universal Credit for your rent
• Any mitigating circumstances considered by the Tribunal

Maximum Claim: The Tribunal can order your landlord to repay up to 12 months of rent that covers the offence period. If you paid your own rent (not through benefits), this full amount can be claimed. If you received housing benefit or universal credit for rent, the Tribunal will usually order those payments to be returned to the authority, not directly to you.^[2]

Example of a Potential Claim

If you paid £500 a month in rent for 8 months while your landlord was unlicensed, you could claim up to £4,000. Actual amounts may be lower if mitigating factors are present.

How to Apply: Forms and Process

Rent Repayment Orders are made through the First-tier Tribunal for Scotland (Housing and Property Chamber). They are the official decision body for RRO cases: Visit the Tribunal website.

Official Form: Rent Repayment Order Application

• Name: Application for a Rent Repayment Order
• Form code/number: N/A (online and downloadable PDF available)
• When to use: Use this form if you want to ask the Tribunal to order your landlord to repay rent due to unlawful landlord activity
• Practical example: If your landlord did not register with the local council and you paid rent during this time, you can submit this application to claim back that rent
• Download the Rent Repayment Order Application Form

Applications should be sent to the address or email provided on the Housing and Property Chamber's website. Evidence (such as tenancy agreements and proof of rent payments) will strengthen your case.

What Will the Tribunal Consider?

The Tribunal takes into account:

• How much rent you paid and over what period
• The seriousness of the landlord's breach
• Any steps your landlord took to fix the situation
• Your landlord's financial situation and conduct
• Whether you reported the issue to the local council

If your landlord has taken action to fix the problem or has other extenuating circumstances, the Tribunal can reduce the amount you are awarded.

Summary

You can claim up to 12 months' rent through a Rent Repayment Order in Scotland, but the exact amount is at the Tribunal's discretion. Preparing a thorough application, including all evidence, can improve your chances for a successful claim.

1. Can I claim an RRO if my tenancy has already ended?
   Yes, you can apply for a Rent Repayment Order up to 12 months after the offence ended, even if your tenancy has ended.
2. What evidence do I need to submit with my application?
   Include your tenancy agreement, proof of rent payments, and any communication with your landlord or the council.
3. Will applying for an RRO affect my credit or future renting?
   No, applying for a Rent Repayment Order will not affect your credit score or your ability to find a new home. The process is strictly between you, your landlord, and the Tribunal.
4. Can I get help filling in the Rent Repayment Order form?
   Yes, advice is available from Citizens Advice Scotland and your local council.
5. Do I need a solicitor to apply?
   No legal representation is required, but you may seek advice or help from a professional if you wish.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – official tribunal for all residential tenancy matters
• Citizens Advice Scotland – free, confidential advice for renters
• mygov.scot: Renting your own place – government guidance on private renting rights
• Scottish Government Private Renting Policy – overview of renting laws and tenant protection

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1. Housing (Scotland) Act 2016, Part 5 – Rent Repayment Orders.
2. First-tier Tribunal for Scotland: Rent Repayment Orders Guidance.

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