Settling Rent Repayment Order Claims Outside the Tribunal in Scotland

Rent Repayment Orders & Compensation Scotland published: June 29, 2025 Flag of Scotland

If you’re a renter in Scotland and believe your landlord has broken the law—such as operating without the proper licence or failing to comply with legal obligations—you may have heard of Rent Repayment Orders (RROs). In Scotland, RROs allow tenants to claim back some or all of their rent if the landlord has breached certain laws. This article explains whether you can settle an RRO claim outside the Tribunal, what your rights are, and what practical steps you should take. We’ll also introduce key processes and forms, always using plain language.

Understanding Rent Repayment Orders (RROs) in Scotland

In Scotland, Rent Repayment Orders are a way for tenants to seek repayment of rent if a landlord has committed certain offences—such as managing an unlicensed House in Multiple Occupation (HMO) or breaking other housing rules. RROs are part of the wider protections under the Private Housing (Tenancies) (Scotland) Act 2016 and other housing laws1.

Who administers RROs in Scotland?

The First-tier Tribunal for Scotland (Housing and Property Chamber) is responsible for hearing RRO applications, resolving disputes between landlords and tenants, and ensuring both parties understand their rights and responsibilities2.

Can You Settle an RRO Claim Outside the Tribunal?

Yes, in Scotland, there is no law that prevents landlords and tenants from reaching an agreement before a decision is made by the Tribunal. Settling outside the Tribunal is often referred to as an ‘out-of-tribunal settlement’ and may help both parties avoid additional time, stress, and costs associated with formal proceedings.

  • You can negotiate directly with your landlord, for example, asking for a partial or full refund.
  • Civil mediation services may also be available through your local council or community groups.
  • Both parties should clearly document any agreement in writing, stating how much will be repaid and when.

However, if you have already submitted an application to the First-tier Tribunal, you must let them know if a settlement is reached. The Tribunal can then close your case if both parties confirm the dispute is resolved.

Advantages of Settling an RRO Claim Out of the Tribunal

  • Faster and less stressful than formal hearings
  • Can preserve a working relationship
  • Avoids legal costs and inconvenience
Ad

How to Formally Make or Withdraw an RRO Application

If negotiation fails or you wish to secure your rights, you may apply directly to the Tribunal. If you settle before the hearing, you can withdraw your application.

Key Official Forms for RROs in Scotland

  • Application to the First-tier Tribunal (Housing and Property Chamber) – Form RRO
    • When to use: To start a formal RRO claim if your landlord operated without a licence or committed relevant offences.
    • How to use: Send the application form, along with supporting documents, to the Tribunal. Download the RRO application form.
    • Example: If your landlord managed a property without the correct HMO licence, you may use this form to request a Rent Repayment Order.
  • Notice of Withdrawal
    • When to use: If you reach a settlement and wish to stop the application before a hearing.
    • How to use: Notify the Tribunal in writing or fill in their Notice of Withdrawal form.
    • Example: After agreeing with your landlord for half your rent to be returned, you can submit this form to close your case.
Tip: If you need support negotiating or understanding your settlement options, contact Shelter Scotland or your local council’s tenant support service.

What if My Landlord Refuses to Settle?

If your landlord does not agree to repay or ignores your requests, you can proceed with the formal application. The First-tier Tribunal will then determine if a Rent Repayment Order should be made and how much rent you may be entitled to get back.

Usually, the Tribunal will encourage communication between parties. However, they have the authority to order repayment if the landlord is found at fault under the relevant housing law.

When Should You Apply to the First-tier Tribunal?

Before applying, consider:

If yes, you may have grounds to apply. You can still settle outside the Tribunal at any stage before a final decision, but be sure to notify the Tribunal if you do.

What Does the Law Say About Settling RRO Claims?

There is currently no legal barrier to settling Rent Repayment Order claims out of the Tribunal process in Scotland. Any settlement should be put in writing and both parties should keep copies.

If you want more information on your rights, check the First-tier Tribunal (Housing and Property Chamber) or see the Private Housing (Tenancies) (Scotland) Act 2016 directly.

FAQ: Settling Rent Repayment Orders in Scotland

  1. Can I get my rent back without a Tribunal order in Scotland?
    Yes. You may settle a rent repayment claim with your landlord out of the Tribunal if both parties agree. Make sure to put any agreement in writing.
  2. What if my landlord ignores my settlement requests?
    If they do not respond or refuse, you can make a formal application to the First-tier Tribunal (Housing and Property Chamber), which will consider the case.
  3. Is there a fee to apply for a Rent Repayment Order in Scotland?
    No, as of 2024, there is no fee for tenants to apply for an RRO through the Tribunal.
  4. Can I withdraw my application after settling?
    Yes. Use the Notice of Withdrawal form from the Tribunal’s website to withdraw your case after reaching a settlement.
  5. Where can I get help to negotiate a settlement or understand the process?
    Contact Shelter Scotland or your local council’s housing advice service for free, impartial support.

Key Takeaways: Settling RRO Claims in Scotland

  • You can settle a Rent Repayment Order claim out of the Tribunal at any stage by mutual agreement.
  • Always document any settlement in writing to avoid future disputes.
  • If settlement fails, you can apply to the First-tier Tribunal (Housing and Property Chamber) free of charge.

Remember: seeking advice from official bodies can help you make informed decisions about your rights and next steps.

Need Help? Resources for Renters in Scotland

  1. Private Housing (Tenancies) (Scotland) Act 2016: Rent Repayment Orders
  2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights UK

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

Related Articles