What to Do If Your Landlord Disputes a Rent Repayment Order in Scotland

If you have made a claim for a Rent Repayment Order (RRO) in Scotland and your landlord disagrees, it’s important to know what happens next. This guide explains the process, the official forms involved, and what to expect if your RRO claim is disputed. Understanding your rights as a renter in Scotland can help you navigate the situation confidently and achieve a fair outcome.

If Your Landlord Disputes Your Rent Repayment Claim

After you submit your claim for a Rent Repayment Order to the First-tier Tribunal for Scotland (Housing and Property Chamber), your landlord will have the opportunity to respond and state if they agree or disagree with your claim. If the landlord disagrees, the case will usually proceed to a hearing where both sides can present evidence.

What Is the First-tier Tribunal (Housing and Property Chamber)?

The First-tier Tribunal for Scotland (Housing and Property Chamber) is the independent body that deals with rental disputes in Scotland. This includes Rent Repayment Orders, rent increases, and other issues between tenants and landlords.

The Dispute Process: What to Expect

Here’s a summary of what happens if your landlord disagrees with your rent repayment claim:

• Landlord’s Response: The tribunal will send your application and evidence to your landlord. The landlord must respond, explaining why they disagree.
• Case Management Discussion (CMD): The tribunal may arrange a CMD, which is a meeting where both parties discuss the main issues and what evidence is needed.
• Hearing: If the dispute cannot be resolved, a formal hearing takes place. Both renter and landlord can provide documents, evidence, and witnesses.
• Decision: The tribunal considers the evidence and makes a binding decision. If the Rent Repayment Order is granted, the amount and payment instructions will be set out.

Both parties are encouraged to use clear evidence, such as tenancy agreements, communications, and proof of payments, to support their case.

Official Tribunal Forms You May Need

• Form: Application to the First-tier Tribunal (Housing and Property Chamber) – ‘Application by Tenant for a Rent Repayment Order’
  This is the main form renters use to claim back rent from their landlord for certain offences (such as illegal eviction or renting an unlicensed property).
  Example: If your landlord has operated without the correct registration, you can use this form to apply for an RRO.
  Download the official application form.
• Form: Response by Landlord to Application
  After your claim, the tribunal will send a copy to your landlord, who will be invited to reply in writing using the response form.
  Example: If your landlord wants to contest your evidence, they will complete and return this form.

You can find official instructions and access all forms related to rent repayment orders on the Housing and Property Chamber Forms page.

Relevant Legislation for Renters

Rent Repayment Orders in Scotland are covered by the Private Housing (Tenancies) (Scotland) Act 2016^[1]. This law gives tenants the right to apply for an RRO if a landlord has committed certain offences, including letting an unlicensed property or illegal eviction.

Next Steps for Renters

• Carefully review the landlord’s response – look for points where you may need to clarify or supply additional evidence.
• Prepare for your Case Management Discussion or hearing by organising relevant documents and listing witnesses who can support your claim.
• You can attend the hearing in person or, in many cases, remotely by phone or video conference.
• If you have language or access needs, notify the tribunal in advance for reasonable adjustments.

For more on your rights at tribunal hearings and what to expect, visit the Procedure Guide for Parties.

1. What happens if my landlord ignores the tribunal process?
   If your landlord does not respond to your application or fails to attend the hearing, the First-tier Tribunal can still decide the case based on the evidence you provide. It’s always in your interest to supply thorough documentation and statements.
2. Will I need a solicitor to attend the hearing?
   You do not have to have legal representation to attend a tribunal hearing. Many tenants represent themselves. However, you can seek advice and support from tenant advocacy organisations, and the tribunal aims to make proceedings clear and accessible for individuals.
3. How long does the Rent Repayment Order process take?
   The full process can take several weeks to a few months, depending on the complexity of the case and the tribunal’s schedule. Promptly submitting documents and responses helps to avoid delays.
4. If my claim is rejected, can I appeal?
   Yes, you may be able to appeal a tribunal decision to the Upper Tribunal for Scotland, but only on a point of law, not simply because you disagree with the outcome. Details will be provided in the tribunal’s decision letter.
5. What evidence should I provide to support my RRO claim?
   Good evidence includes tenancy agreements, rent statements, relevant emails, letters, or text messages, and any proof of the landlord’s actions (such as operating without a license).

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Official portal for applications, forms, and guidance.
• MyGov.Scot – Private Rental Rights: Up-to-date advice on tenancy rights and disputes.
• Shelter Scotland: Free confidential advice for tenants, including help with the tribunal process (helpline: 0808 800 4444).
• Citizens Advice Scotland – Renting a Home: Guidance on your rights and how to get further support.

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1. Private Housing (Tenancies) (Scotland) Act 2016, Part 5, Chapter 4 – Rent Repayment Orders

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