Timeline for Rent Repayment Order Cases in Scotland

If you’re a renter in Scotland facing issues such as illegal eviction, unlicensed landlords, or problems with property conditions, you may be considering a rent repayment order (RRO) to reclaim rent paid during a period your landlord broke the law. Understanding how long rent repayment cases take in Scotland can help you plan your next steps and know what to expect.

Who Handles Rent Repayment Applications in Scotland?

Rent repayment cases in Scotland are reviewed by the First-tier Tribunal for Scotland (Housing and Property Chamber). This independent tribunal decides on rental disputes, landlord registration, and rent repayment claims made by tenants.

Relevant Tenancy Legislation

Applications for rent repayment are governed by the Private Housing (Tenancies) (Scotland) Act 2016 and sections of the Antisocial Behaviour etc. (Scotland) Act 2004. Rent repayment orders are typically made against unregistered landlords, or those renting without a required HMO licence.

How Long Do Rent Repayment Order Cases Take?

While timelines vary, the process for rent repayment orders at the First-tier Tribunal generally takes about 3–6 months from application to decision. The timeline depends on how quickly the case is scheduled, the complexity of issues, and whether either party requests additional hearings or evidence. Here’s what typically happens:

• Submission of application and supporting documents
• The Tribunal notifies the landlord and sets a hearing date (usually within 6–10 weeks)
• A hearing is held, unless matters can be decided on the papers
• The Tribunal issues its decision (normally within a few weeks after the hearing)

Delays can occur if more evidence is needed, or either party requests more time. You’ll receive tribunal correspondence throughout the process.

Official Application Form: Rent Repayment Order

• Form Name: Application by Tenant for Rent Repayment Order (no standard number)
• When Used: Complete this form if your landlord has committed an offence, such as letting without a licence or registration. For instance, if you find out your landlord was not registered during your tenancy, you can use this form to reclaim up to 12 months’ rent.
• Where to Find It: Download the Rent Repayment Application Form from the Housing and Property Chamber.

When filling out the form, provide clear evidence (such as tenancy agreements or letters from the council) that shows your landlord failed in their duties.

Summary of the Rent Repayment Order Process

• Check the eligibility for a rent repayment order
• Gather supporting evidence (tenancy dates, payments, proof of offence)
• Submit the official form to the Tribunal
• Wait for notification of hearing date
• Attend the hearing or provide written evidence (if required)
• Receive the Tribunal’s decision and any repayment timetable

All updates will be communicated by the Tribunal. You can check your case status via the Housing and Property Chamber website.

Practical Action Steps for Renters

• Read the Tribunal’s guidance on required evidence
• Submit all documents at the time of application to avoid delays
• Respond promptly to any Tribunal requests for further information
• Keep your contact details up to date with the Tribunal

If you need help filling in your application, free advice is available from local councils or organisations like Shelter Scotland.

FAQs: Rent Repayment Orders in Scotland

1. How long does it take for a rent repayment order to be decided in Scotland?
   Most cases are resolved within 3–6 months, depending on hearing scheduling and case complexity.
2. Do I need a lawyer to apply for a rent repayment order?
   No, you can apply on your own. However, you may benefit from advice or support from a housing adviser or tenant group.
3. What evidence should I provide with my application?
   Submit your tenancy agreement, proof of rent paid, and evidence of the landlord's offence (such as council letters about lack of registration).
4. What if my landlord appeals the decision?
   The landlord (or tenant) can appeal, but only on a point of law, and must do so within 21 days of the decision. This may extend the process.
5. Is there a time limit to apply for a rent repayment order?
   Yes. You generally must apply within 12 months of the offence occurring. Check Tribunal guidance for your situation.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) — Official applications, forms, and guidance
• Shelter Scotland — Free advice for renters
• Scottish Government: Renting and Your Rights — Information and tenant resources
• mygov.scot: Housing and Local Services — Rights, responsibilities, and council contacts

---

1. Private Housing (Tenancies) (Scotland) Act 2016
2. Antisocial Behaviour etc (Scotland) Act 2004
3. 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