Rent Repayment Orders in Scotland: Your Rights as a Renter

If you rent privately in Scotland and believe your landlord has broken certain housing laws, you may be able to reclaim some of the rent you've paid. This is made possible through a legal process called a Rent Repayment Order. Understanding how these orders work can help you protect your rights and seek compensation when necessary.

What is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal tool that allows tenants to claim back rent they have paid when their landlord has committed specific offences, such as renting out an unlicensed House in Multiple Occupation (HMO) or failing to adhere to rent repayment obligations. In Scotland, RROs cover certain breaches of landlord law and help ensure landlord accountability.

When Can You Apply for a Rent Repayment Order?

You may be eligible to apply for a Rent Repayment Order in Scotland if your landlord has committed one of several offences, including:

• Letting out a property requiring an HMO licence without having one
• Failing to comply with a Rent Repayment Order previously issued
• Other serious breaches as listed in the Housing (Scotland) Act 2006 and related legislation

Your landlord does not need to have been prosecuted for you to apply, but you must provide evidence that the offence occurred during your tenancy.

How Do You Apply for a Rent Repayment Order in Scotland?

Applications for a Rent Repayment Order are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent tribunal resolves disputes between landlords and tenants.

Filing Your Application: Official Form

• Form Name: Application by tenant for a Rent Repayment Order (Form RRO1)
• When to Use: Use Form RRO1 if you want to claim back rent paid to a landlord who has, for example, rented an unlicensed HMO.
• How it's Used: Complete the form, gather supporting evidence (such as tenancy agreements, rent payment receipts, and any correspondence with the landlord), and submit your application to the Tribunal. For example, if you realise your flatshare was not correctly licensed as an HMO, you can send in Form RRO1 alongside evidence and a covering note explaining the situation.
• Download Rent Repayment Order Application Form (RRO1)

Once your form is submitted, the First-tier Tribunal will consider your case. There is no fee to apply, and you may be asked for more information or to attend a hearing.

What Tenancy Types are Covered?

Rent Repayment Orders mainly apply to tenants with a private residential tenancy, including those under the Private Housing (Tenancies) (Scotland) Act 2016. They are especially relevant where landlord licensing laws apply, such as HMOs.

How Much Rent Can Be Reclaimed?

If successful, the Tribunal can order your landlord to repay up to 12 months’ rent. The exact amount depends on your circumstances and how severe the offence was. The Tribunal considers factors like:

• How long the offence lasted during your tenancy
• Any steps taken by the landlord to fix the problem
• Impact on the tenant and any rent arrears

Repayments are capped at the rent you paid during the relevant period.

Key Laws Covering Rent Repayment Orders in Scotland

The main UK and Scottish laws governing Rent Repayment Orders include:

• Housing (Scotland) Act 2006 (Part 5: HMOs and Rent Repayment Orders)
• Private Housing (Tenancies) (Scotland) Act 2016

For full details, check the First-tier Tribunal for Scotland (Housing and Property Chamber) official site.

Steps to Apply for a Rent Repayment Order

• Check if your landlord has committed one of the specific offences
• Use Form RRO1 to start your application
• Gather supporting evidence (e.g., tenancy agreement, receipts, photos)
• Submit your completed application to the First-tier Tribunal for Scotland
• Attend a hearing if requested

Act quickly—time limits may apply, and gathering evidence early will help your case.

Frequently Asked Questions

1. What offences can lead to a Rent Repayment Order?
   Common offences include renting out an unlicensed HMO or not following an existing Rent Repayment Order. Check with your council to see if your landlord needed a licence.
2. Do I need a lawyer to apply for a Rent Repayment Order in Scotland?
   No—a lawyer is not required. You can apply directly using Form RRO1 and represent yourself at the Tribunal, although advice from a tenants’ service may help.
3. How long does the Rent Repayment Order process take?
   Times may vary, but expect several weeks to a few months from application to decision, depending on case complexity and hearing schedules.
4. Will applying for a Rent Repayment Order affect my current tenancy?
   The application itself doesn't change your tenancy rights, but if your relationship with your landlord is challenging, it’s wise to seek advice and document all communications.
5. What if I paid rent through benefits—can I still claim?
   Yes. If the rent was paid through Universal Credit or Housing Benefit, the Tribunal may order that money to be repaid to your local council or the relevant authority.

Conclusion: Key Takeaways

• You may be able to claim back rent in Scotland if your landlord broke licensing or certain housing laws.
• The First-tier Tribunal for Scotland is the official body for Rent Repayment Orders, and you can apply using Form RRO1.
• Up to 12 months’ rent can be reclaimed—start your claim as soon as possible for the best result.

Understanding your rights empowers you to take action if you have not received the legal protections you deserve as a renter.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handle all Rent Repayment Orders
• Scottish Government: Private housing tenant rights – guidance on tenancies and complaints
• Shelter Scotland – independent housing advice and support
• Citizens Advice Scotland: Private Renting – free and impartial advice

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1. Housing (Scotland) Act 2006, Part 5
2. Private Housing (Tenancies) (Scotland) Act 2016
3. Rent Repayment Order application form (RRO1)
4. First-tier Tribunal for Scotland (Housing and Property Chamber)
5. Scottish Government: private housing tenant rights

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