Common Reasons for Rent Repayment Orders in Scotland

If you’re renting a home in Scotland, it’s reassuring to know you have legal rights when things go wrong. One important protection for renters is the ability to claim back rent in certain situations. In Scotland, common reasons for seeking rent repayment include unlawful eviction, harassment, or renting from a landlord who hasn’t met key legal duties. Understanding when and how you can request repayment empowers you to stand up for your rights.

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal decision by the First-tier Tribunal for Scotland (Housing and Property Chamber) that requires a landlord to repay rent. These orders are designed to compensate tenants when landlords break specific housing laws.

Common Grounds for Rent Repayment in Scotland

Several situations can give renters the right to apply for a rent repayment. Here are some of the most common:

• Unlawful Eviction or Harassment: If a landlord attempts to remove you without following the legal eviction process or harasses you to make you leave, you may be able to claim part or all of your rent paid during the period. See Section 22 of the Housing (Scotland) Act 1988.¹
• Failing to Obtain or Renew a Landlord Registration: All private landlords in Scotland must be registered with their local council. Renting from an unregistered landlord could entitle you to claim rent back. Learn more at the Landlord Registration Scottish Government Guidance.²
• Unlicensed HMO (House in Multiple Occupation): If your property needs an HMO licence but doesn’t have one, you may be entitled to a rent refund. Details are outlined in the Housing (Scotland) Act 2006, Part 5.³

These circumstances are among the most frequent, but other legal breaches—such as failing to follow specific deposit protection rules—may also apply. Always check the latest legal guidance for your specific situation.

Relevant Tenancy Legislation in Scotland

Your rights around rent repayment orders are mainly governed by Scottish law. The Housing (Scotland) Act 1988 and the Private Housing (Tenancies) (Scotland) Act 2016 set out rules for landlords and tenants. For HMO issues, the Housing (Scotland) Act 2006 applies.

How to Apply: Official Form & Example

• Form: Application for Rent Repayment Order (Scotland) – Housing and Property Chamber
• When is it used? If you believe your landlord has illegally evicted you, failed registration, or let an unlicensed HMO, you can apply for a rent repayment. For example, if your landlord changed the locks without a court order, you could submit this form to the Tribunal.
• Download the official application form and guidance from the First-tier Tribunal for Scotland.

Once complete, forms should be sent to the First-tier Tribunal (Housing and Property Chamber) following their detailed rent application instructions.

Action Steps for Renters

• Check if your circumstances fit one of the legal grounds for rent repayment.
• Gather supporting evidence (communications, documents, proof of tenancy).
• Complete and submit the official rent repayment application form to the Tribunal.
• Attend a hearing or provide further information if requested by the Tribunal.

After reviewing your case, the Tribunal will decide if your landlord must repay rent and how much you are owed.

Frequently Asked Questions

1. Can I get my rent back if my landlord isn't registered?
   Yes, if your landlord does not have a valid registration with the local council, you may be able to reclaim rent paid during the period they were unregistered. Submit an application to the Housing and Property Chamber for a rent repayment order.
2. What is considered harassment or unlawful eviction?
   Harassment includes actions such as entering your home without notice, threatening you, removing your belongings, or changing locks without due process. Unlawful eviction is when a landlord tries to remove you without following formal procedures outlined in the Housing (Scotland) Act 1988.
3. How long does it take to process a Rent Repayment Order?
   The timing varies. After submitting your application, the Tribunal will review evidence and may hold a hearing. Decisions typically take several weeks to a few months.
4. What evidence do I need to apply for a rent repayment?
   You should provide copies of tenancy agreements, rent payment records, communication with your landlord, council notices, or any proof supporting your claim.
5. Who can help me with my application?
   Advisory services like Citizens Advice Scotland, Shelter Scotland, and your local council can assist with documentation and understanding your legal rights.

Conclusion: What Renters Should Remember

• You may be able to reclaim rent if your landlord has breached key legal duties (such as registration, HMO licensing, or eviction law).
• Use the Housing and Property Chamber's official forms and guidance.
• Support is available—don’t hesitate to seek advice if you’re unsure about your rights or the process.

Knowing your rights makes it easier to challenge unfair treatment. If in doubt, start by gathering information and reaching out to a trusted advice agency.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Handles housing disputes and rent repayment orders.
• Scottish Government: Tenant Rights – Official government overview of tenant protections.
• Shelter Scotland – Free and independent advice for renters.
• Citizens Advice Scotland – Local offices for in-person support.
• Private Residential Tenancy – Scottish Government Guidance

---

1. See: Housing (Scotland) Act 1988, Section 22: Unlawful Eviction and Harassment
2. Landlord Registration: Scottish Government Guidance
3. Housing (Scotland) Act 2006, Part 5: Licensing of HMOs

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation