What to Do If Your Landlord Refuses to Repay Rent in Scotland

If you believe your landlord in Scotland should repay some or all of your rent—perhaps because they've broken the law or failed in their duties—but they refuse, you have routes to challenge this. This guide explains your rights, official processes, and where to get help, using current Scottish law and official resources.

When Can Renters Ask for Repayment of Rent?

Under Scottish housing law, renters can ask for some or all of their rent back if the landlord has:

• Rented out the property without the proper licence (such as failing to register as a landlord with the council)
• Failed to comply with legal obligations, like meeting safety standards or providing certain repairs
• Let an unlicensed HMO (House in Multiple Occupation)

For example, if you find out your landlord never registered with your local council as required by the Antisocial Behaviour etc. (Scotland) Act 2004, you might be able to claim rent back.

What If Your Landlord Refuses to Repay?

If you request a rent refund and your landlord refuses, you can apply to the First-tier Tribunal for Scotland (Housing and Property Chamber). This process is called a "Rent Repayment Order." The tribunal is an official independent body set up to resolve housing disputes in Scotland.

How the Rent Repayment Order Process Works

• Gather evidence (emails, tenancy agreement, proof of landlord’s registration status, etc.)
• Consider seeking advice from a national advice service (see below).
• Complete and submit the official form (‘Application to First-tier Tribunal for Scotland: Rent Repayment Order’)
• Attend a hearing (virtual or in-person) if one is scheduled
• The tribunal will assess the case and may order the landlord to repay rent

This process protects renters by giving you a formal, evidence-based way to claim back rent owed under Scottish law¹.

Official Forms: Rent Repayment Order Applications

• Rent Repayment Order Application Form (no official number):
  Download and view the official Rent Repayment Order application form from the First-tier Tribunal for Scotland’s Housing and Property Chamber.
  • When to use it: If your landlord is unregistered, letting an unlicensed HMO, or breaching certain regulations and has refused to repay rent.
  • How to use: Fill in your details, tenancy information, the reasons you believe rent should be repaid, and attach all supporting documentation. Then submit to the tribunal following the instructions on page 2 of the form.

After you apply, the tribunal will write to your landlord and may arrange a hearing for both sides to present their case.

The Tribunal’s Role in Enforcing Rent Repayments

The First-tier Tribunal for Scotland (Housing and Property Chamber) is responsible for hearing cases about rent repayment and other housing disputes. It is fully independent and free to use for renters. The tribunal decides whether you are due back rent, and how much your landlord must repay.

Orders issued by the tribunal are legally binding. If the landlord does not pay after an order is made, you can request the tribunal’s decision be enforced through the courts, including debt recovery procedures.

If your landlord refuses to comply with a tribunal order, enforcement can be taken through the sheriff court—so it is important to keep copies of all orders and correspondence.

Key Legislation for Rent Repayment in Scotland

• Private Housing (Tenancies) (Scotland) Act 2016: Governs private tenancies and rights to claim compensation
• Antisocial Behaviour etc. (Scotland) Act 2004: Sets out landlord registration requirements
• Housing (Scotland) Act 2006: Covers repair standards and rent repayment

Always reference the latest official legislation for your rights and eligibility.

What to Expect After Submitting Your Application

Once your application is received:

• The tribunal will contact you and your landlord for information
• A hearing may be scheduled (you can attend remotely)
• If the order is granted, your landlord will be given a deadline to pay
• If they still refuse, you may need to take further enforcement steps (with support from the sheriff court)

FAQ: Rent Repayment and Landlord Non-Payment in Scotland

1. How long do I have to apply for a Rent Repayment Order?
   In Scotland, you usually need to apply within 12 months of the violation. Double-check the current rules or get advice for your situation.
2. Is there a fee for applying to the First-tier Tribunal?
   No, renters do not pay a fee to apply for a Rent Repayment Order in Scotland.
3. Can the tribunal force my landlord to pay if they ignore the decision?
   Yes. You can take the legally binding order to the sheriff court for enforcement if your landlord fails to pay after the order is made.
4. What kind of evidence should I include with my claim?
   Include your tenancy agreement, proof of rent payments, correspondence with the landlord, and any evidence of landlord breaches (like council letters about failed registration).
5. Will making a claim affect my right to stay in my home?
   No, you cannot be evicted simply for making a legal claim. Evictions must follow strict procedures set out in Scottish law.

Key Takeaways

• If your landlord refuses to pay back rent in Scotland, you can apply for a Rent Repayment Order via the First-tier Tribunal for Scotland.
• Use official forms and provide good evidence to support your case.
• Orders from the tribunal are legally binding and can be enforced in court if needed.

Make sure to check the deadlines and legislation for your case, and don’t hesitate to seek professional advice or support if you need it.

Need Help? Resources for Renters in Scotland

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Tribunal application forms and information for renters
• MyGov.Scot: Rent Repayment Orders – Clear government guidance on eligibility and applying
• Shelter Scotland – Free, confidential advice for renters and housing problems
• Citizens Advice Scotland – Support with tenancy issues and legal processes
• Scottish Government: Private Renting Policies – Information on rights, law, and changes affecting private renters

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1. Private Housing (Tenancies) (Scotland) Act 2016 – Section 58: Rent Repayment Orders
2. First-tier Tribunal for Scotland – Rent Repayment Order Application Form
3. Antisocial Behaviour etc. (Scotland) Act 2004

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