How to Apply for a Rent Repayment Order in Scotland

If you believe your landlord has broken the law while renting to you—such as operating without the correct licence or illegally evicting you—you could apply for a Rent Repayment Order in Scotland. This process allows tenants to reclaim up to 12 months’ rent paid during a period where the landlord was in breach of certain legal obligations. Here’s a clear, practical guide for renters in Scotland.

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal mechanism designed to help renters claim back rent from a landlord who has committed offences, such as letting a property without a landlord registration or failing to obtain a House in Multiple Occupation (HMO) licence when required. The rules for RROs in Scotland are set out in the Private Housing (Tenancies) (Scotland) Act 2016 and related Scottish legislation.¹

Who Handles Rent Repayment Orders in Scotland?

Rent Repayment Orders are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent tribunal deals with disputes between landlords and tenants, ensuring access to fair hearings and legal remedies.

When Can You Apply for an RRO?

You may be eligible for a Rent Repayment Order if your landlord has:

• Let the property without a required landlord registration
• Failed to obtain a necessary HMO licence
• Carried out an illegal eviction or harassment

You must apply within 12 months of the offence.

Steps to Apply for a Rent Repayment Order

The process is straightforward, though it’s important to provide clear evidence and complete all forms accurately. Here’s how to apply:

1. Gather Your Evidence

• Proof of your tenancy (e.g., tenancy agreement)
• Bank statements or receipts showing rent payments
• Evidence that the landlord broke the law (such as council confirmation of missing landlord registration, or HMO checks)

Having thorough documents will strengthen your case.

2. Check if a Landlord Registration or HMO Licence Exists

• Search for your landlord on your council’s landlord registration register
• Check HMO licence status with your local council

If your landlord is not registered or lacks the right licence, you may have grounds for an RRO.

3. Complete the Correct Application Form

• Form: Application for a Rent Repayment Order (no numbered form, official PDF or online portal)
• When to use: If you have evidence that your landlord committed a relevant offence within the 12 months before application.
• Example: You paid six months’ rent while your landlord had no registration. You complete the application form, provide supporting documents, and submit these to the Tribunal.

The application form asks for your contact details, your landlord’s information, details of the property, and an explanation/evidence of the alleged offence.

4. Submit Your Application to the Tribunal

• You can send your application by post or online to the First-tier Tribunal (Housing and Property Chamber).
• There is currently no fee for submitting an RRO application.

5. The Tribunal Process

• The Tribunal will acknowledge your case and may ask for extra information.
• A hearing will be arranged where you and your landlord can present your evidence. You don’t need legal representation, but you may wish to seek advice.
• If the Tribunal decides your landlord broke the law, they can order them to repay up to 12 months’ rent.

What Evidence Should You Include?

Include anything relevant, such as:

• Tenancy agreement or rent statements
• Email or letters with the landlord
• Documents from the council confirming registration or licensing issues

The more detailed and organised your evidence, the smoother your application will be.

What Happens After the Tribunal Decision?

If your application succeeds, the landlord will be ordered to repay rent directly to you (or the local authority if you received housing benefit for the period). The Tribunal’s decision is legally binding. If your claim is refused, you may be given reasons and information on how to appeal.

FAQ: Rent Repayment Orders in Scotland

1. What offences qualify for a Rent Repayment Order in Scotland?
   Offences include renting without proper landlord registration, not holding an HMO licence when required, or illegally evicting a tenant.
2. How much rent can I claim back?
   You can claim up to 12 months’ rent for the period when the landlord was breaking the law.
3. Do I need a lawyer to apply for an RRO?
   No. The process is designed to be accessible, but you can seek free advice from support services if you need help.
4. Is there a fee to apply?
   No. There is currently no fee to submit an application for a Rent Repayment Order in Scotland.
5. What if I receive housing benefit or Universal Credit for rent?
   If public funds covered part of your rent, the Tribunal can order repayment to the local authority in addition to or instead of paying you.

Need Help? Resources for Renters

• First-tier Tribunal (Housing and Property Chamber) – Submit your Rent Repayment Order application or get guidance on the process.
• Shelter Scotland – Free advice and support on housing rights.
• Scottish Government: Private Renting Rights – Official information on tenant protections and legislation.
• Landlord Registration Scotland – Check your landlord's registration status.

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1. See Section 71 of the Private Housing (Tenancies) (Scotland) Act 2016 for statutory RRO powers.
2. For Tribunal process, forms and contact: First-tier Tribunal for Scotland (Housing and Property Chamber).
3. Landlord registration checks: Landlord Registration Scotland search portal.
4. Detailed rights for private renters: Scottish Government tenant rights page.

Key Takeaways:

• Rent Repayment Orders help tenants reclaim rent if their landlord breached legal requirements.
• Applications are made to the First-tier Tribunal for Scotland (Housing and Property Chamber), and no fee applies.
• Timely evidence and correct forms are essential for a successful claim—seek advice if you need extra support.

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