What to Do If You’re Overcharged Rent in Scotland

If you believe you’re being asked to pay too much rent in Scotland—whether for a private residential tenancy or another type—it’s important to know your rights and the official steps to resolve this. Scottish tenancy law is designed to protect both renters and landlords, and there are clear processes to follow if you suspect you’ve been overcharged. This article explains the action you should take, the official forms you might need, and where to get further help.

How Do I Know If I’m Being Overcharged?

In Scotland, your landlord cannot just set any rent they wish or increase it unfairly for most tenancies. If you have a Private Residential Tenancy (PRT), your rent must be fair and increases must follow the rules set out in the Private Housing (Tenancies) (Scotland) Act 2016^[1].

• Check your written tenancy agreement for details of your rent and when it can be increased
• Any rent increase must be given to you in writing at least 3 months before it takes effect
• If you live in a Rent Pressure Zone (RPZ), there are limits to how much your rent can go up
• The rent asked cannot be higher than what is set in your agreement, unless proper notice has been given

If you’re ever unsure, ask your landlord to explain any rent change in writing.

What to Do If You Think You’re Overcharged

If you believe you have been charged more than is legally permissible, there are official steps to take to resolve the situation:

1. Contact Your Landlord

• Always write (email or letter) to your landlord first. Ask for clarification or correction, outlining your reasons and any evidence (like your agreement or recent notices).
• Keep copies of all communications for your records.

2. Challenge a Rent Increase (Private Residential Tenancies)

For private residential tenancies, you can challenge an unfair rent increase through the official process:

• Your landlord must give you a ‘Rent Increase Notice’ (Form: ‘Notice to Increase Rent’).
• If you disagree and wish to challenge, you must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) within 21 days of receiving the notice^[2].

• Use the official Application to Refer a Rent Increase to the First-tier Tribunal (Form RR).
• When to use: If your landlord issues a rent increase notice you believe is too high or unfair, you complete this form and submit it to the Tribunal within 21 days.
• How: Fill out Form RR, attach evidence (e.g. tenancy agreement, previous rent, the notice you received), and send to the Tribunal. Details are provided on the form.

3. If Rent Is Higher Than What Was Agreed

• If your landlord charges you more than your tenancy agreement states, raise this in writing. If they don’t fix it, you may claim the difference back.
• Keep all receipts and payment records.

If your landlord refuses to return overpaid rent, you may apply to the Housing and Property Chamber for dispute resolution.

4. Reporting Unlawful Charges

• Landlords cannot demand illegal fees (‘premiums’), which includes rent above contract, before or after you move in. See details on unlawful letting agency fees.
• If your landlord won’t resolve the issue, notify your local council’s housing team. They can investigate and take enforcement action if necessary.

If you feel pressured or threatened, seek advice from a tenants’ rights group or your local council housing officer.

What Happens at the First-tier Tribunal?

The First-tier Tribunal for Scotland (Housing and Property Chamber) is the main body for resolving tenancy disputes, including rent overcharging. The Tribunal cannot evict you for making a complaint or reduce your rights as a tenant.

• The Tribunal will review your application and all evidence from you and your landlord
• It will determine the ‘open market’ rent or rule on what is fair
• If overcharging is proven, you may be able to recover the excess rent paid

This process is designed to be accessible and doesn’t require you to have a solicitor. The Tribunal’s decision is legally binding.

Key Official Forms and How to Use Them

• ‘Notice to Increase Rent’ – Given by a landlord to notify a rent rise. Official Scottish Government form: Notice to Increase Rent (gov.scot). Use if your landlord is changing your rent for a Private Residential Tenancy.
• Application to Refer a Rent Increase to the Tribunal (Form RR) – Use this to challenge a rent increase for a private residential tenancy within 21 days of getting the rent increase notice. Get the form here. Submit as explained above.
• Rent Repayment Application (Tribunal Application) – If you paid rent you should not have, you may be able to recover it through a Housing and Property Chamber application. Find details and forms for rent repayment here.

Always read the guidance notes provided with each form and keep copies of everything you submit.

FAQ: Dealing With Rent Overcharging in Scotland

1. How long do I have to challenge a rent increase in Scotland?
   You must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) within 21 days of receiving the written rent increase notice.
2. What is the Housing and Property Chamber?
   The Housing and Property Chamber is a part of the First-tier Tribunal for Scotland. It handles disputes such as rent overcharging, unlawful fees, and other tenancy matters. See their official website for details.
3. What does the Tribunal consider when deciding if my rent is too high?
   The Tribunal compares your rent to similar properties in the area, considering location, condition, and tenancy type, to decide what is fair according to open market rates.
4. Can I get back overpaid rent?
   Yes. If the Tribunal finds the rent was too high or unlawfully charged, you may be entitled to the difference back. Submit a Tribunal application for repayment if your landlord refuses to resolve it.
5. Will my landlord be told if I contact my council?
   Your landlord may be contacted if an official complaint or investigation begins, but the local council can give you advice without sharing your details if you’re just asking questions.

Conclusion: Your Rights and Next Steps

• Check your tenancy agreement and know what rent you should pay
• Challenge unfair rent rises by using the official forms and Tribunal process
• Seek help from your council or a national renter support body if you need extra assistance

Remember: Scottish tenancy law is there to protect you. If in doubt, get advice early and keep records of all steps you take.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Apply online, download forms, or find information on rent disputes.
• Scottish Government Rent Increase Disputes Guide: Explains official steps and rights for tenants.
• Citizens Advice Scotland – Private Rent Disputes: Free advice and guidance for renters.
• Contact your local council housing department for enforcement and advice.

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

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