Does the Council Help with Rent Repayment Order Claims in Scotland?
If you’re a renter in Scotland and considering a Rent Repayment Order (RRO), it’s important to understand what support—if any—your local council can provide. Scotland has its own rules for rent repayment and tenant protection, which differ from the rest of the UK. This guide explains what councils can and can’t do, what official steps you can take, and which organisations support renters through the process.
What Are Rent Repayment Orders (RROs) in Scotland?
In England, Rent Repayment Orders let tenants reclaim rent if a landlord has committed certain offences. However, in Scotland, the law is different. Instead of the RRO system, renters can seek a Rent Relief Order or compensation via the First-tier Tribunal for Scotland (Housing and Property Chamber). This happens if landlords fail to comply with legal duties, particularly regarding licensing of Houses in Multiple Occupation (HMOs) or unlawful eviction and harassment.
Does the Council Help with RRO or Compensation Claims?
Scottish local councils cannot submit a claim for compensation or rent repayment on your behalf. However, they can:
- Investigate complaints about unlicensed HMOs
- Take enforcement action against landlords who breach licencing rules or housing standards
- Provide information on tenant rights and point you to relevant support services
- Assist with homelessness or illegal eviction concerns
If you believe your landlord is operating an unlicensed HMO or is breaking the law (for example, through illegal eviction), report this to your local council's housing team immediately. You can find the contact details for your local council here.
How Can Renters Seek Rent Repayment or Compensation in Scotland?
Legal actions for rent relief or compensation are typically handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal reviews cases where tenants believe a landlord has:
- Operated an unlicensed House in Multiple Occupation (HMO)
- Failed to protect your tenancy deposit as required
- Carried out an unlawful eviction or harassment
The relevant law is primarily laid out in the Private Housing (Tenancies) (Scotland) Act 2016 and Housing (Scotland) Act 1988.1
Key Forms for Renters: Applying to the Tribunal
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Form: Application for Civil Proceedings (Eviction, Rent Arrears or Other Breach)—Form G
When to use: Use this to ask the Tribunal for an order against your landlord for issues such as unlawful eviction, breach of tenancy, or compensation related to standards or licensing breaches.
Example: If your landlord has illegally evicted you, you would submit Form G with supporting evidence.
Where to find: Download Form G from the Housing and Property Chamber. -
Form: Application for Rent Relief Order
When to use: If your landlord has failed to obtain an HMO licence, tenants can apply for a rent relief order so that rent is reduced or repaid.
Example: If you learn that your multiple occupancy property is unlicensed, you can apply using this form.
Where to find: Latest Application Information: Rent Relief Order.
What Should Renters Do if Local Council Action Is Needed?
If you suspect a landlord is breaking housing laws, take the following steps:
- Contact your local council’s private rented sector team and provide details, especially for unlicensed HMOs, safety hazards, or illegal eviction
- Ask for written confirmation of your complaint submission
- Gather evidence—such as tenancy agreements, messages, and rent receipts—that may support a future claim
- If you experience illegal eviction or harassment, contact the council and Police Scotland immediately. You may also seek advice from Shelter Scotland
Summary of Council Support
Councils in Scotland help by investigating and enforcing housing laws, but the responsibility to apply for compensation or rent relief lies with you as the tenant. The First-tier Tribunal for Scotland (Housing and Property Chamber) oversees applications for rent relief or compensation.
- Can I get my rent back if my landlord breaks the law in Scotland? In some cases, yes. You can apply to the First-tier Tribunal for Scotland for a rent relief order (for HMO licence issues) or seek compensation if you've faced unlawful eviction or harassment. The council can help investigate but can't apply on your behalf.
- Do Scottish councils handle Rent Repayment Orders like in England? No, Scotland does not use Rent Repayment Orders. Compensation or rent relief is pursued via applications to the Tribunal, not the council.
- How do I apply for a Rent Relief Order? Fill in the Tribunal’s Rent Relief Order application (see above for official links) and submit your evidence. The Tribunal will then consider your case.
- Who decides if my landlord owes me compensation? The First-tier Tribunal for Scotland reviews applications and evidence, then makes the final decision.
- Where can I get help making a Tribunal application? Contact Shelter Scotland or your local Citizens Advice Bureau for free, confidential support specific to Scottish law.
Conclusion: Key Takeaways for Renters
- Scottish councils help by investigating complaints but cannot submit Tribunal claims for you.
- Applications for compensation or rent relief must be made directly to the Tribunal for Scotland.
- You should keep evidence and seek advice from recognised support services if you’re unsure about your rights or next steps.
Need Help? Resources for Renters
- First-tier Tribunal for Scotland (Housing and Property Chamber): Official body handling rent relief and tenant compensation claims
- Shelter Scotland: Free support and advice for private renters
- Citizens Advice Scotland: Free legal and housing advice
- mygov.scot: Tenants' Rights in Scotland
- Contact your local council to report landlord concerns
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