When You Can Apply for a Rent Repayment Order in Scotland

If you're renting your home in Scotland and facing issues like illegal eviction, an unlicensed landlord, or serious housing breaches, you might be able to apply for a Rent Repayment Order (RRO). Understanding when and how to apply can help you reclaim up to 12 months’ rent under certain circumstances, ensuring your rights are protected under Scottish law.

What Is a Rent Repayment Order?

A Rent Repayment Order (RRO) is a legal process that allows renters to reclaim rent they've paid if their landlord has broken specific housing laws. The procedure and eligibility for RROs are set out in Scotland under the Private Housing (Tenancies) (Scotland) Act 2016^[1] and related regulations. Claims must be made to the First-tier Tribunal for Scotland (Housing and Property Chamber).

When Can You Apply for a Rent Repayment Order?

You may be eligible to apply for a Rent Repayment Order in Scotland if your landlord has:

• Rented out a property without the required landlord registration with the local council
• Failed to comply with a Rent Repayment Order or Stop Notice previously issued
• Attempted an unlawful eviction or harassed you as a tenant
• Let a house in multiple occupation (HMO) without an HMO licence (if a licence is required for your home)

In each of these cases, a criminal offence may have been committed. If you're unsure, it's wise to check with your local council's housing department.

Examples of When to Apply

• If your landlord has not registered with the local authority but has continued to rent to you
• If you were threatened with eviction without proper legal process
• If you discover your HMO property isn't licensed as required

How to Apply for a Rent Repayment Order

The First-tier Tribunal for Scotland handles RRO applications. The process is accessible to renters and does not require a solicitor.

Action Steps

• Gather Evidence: Include tenancy agreements, rent payment proof, council letters, and any communication with your landlord.
• Fill Out the Correct Form: Use 'Application by a Tenant for a Rent Repayment Order' (Form RR001).
• Submit the Form:
  • Download the official form from the First-tier Tribunal’s rent repayment page.
  • Send your completed application and evidence to the tribunal by email or post as instructed on the form.

Form name: Application by a Tenant for a Rent Repayment Order (Form RR001)
When to use: When you believe your landlord has committed a relevant offence
How to use: Fill in personal and tenancy details, describe the offence, and attach supporting documents. For example, if your landlord did not register with the council, attach evidence of paid rent, council correspondence, and tenancy records. Download and submit via the official tribunal portal.

What Happens After You Apply?

Once your application is received, the tribunal will review the details and may ask for additional evidence. Both you and your landlord will be invited to a hearing, which can often be held virtually.

• The tribunal will consider if an offence took place and whether to make a rent repayment order.
• If granted, the order will specify how much rent the landlord must repay (up to 12 months).
• The landlord is legally required to pay the amount ordered. If not paid, you can enforce the order in the Sheriff Court.

Applications are free, but you may wish to get support from housing advice charities (see further below).

Relevant Legislation

• Private Housing (Tenancies) (Scotland) Act 2016
• Landlord Registration guidance (Scottish Government)

1. Who can apply for a rent repayment order in Scotland?
   Any tenant who has paid rent and can show their landlord committed an offence such as unlawful eviction, failing to register, or renting an unlicensed HMO property can apply.
2. How much rent can I get repaid in an RRO claim?
   You can claim up to 12 months’ rent paid before your application date if the tribunal is satisfied an offence occurred.
3. Is there a time limit for applying for a rent repayment order?
   Yes, your claim can only cover rent paid in the 12 months immediately before the application. It’s best to apply as soon as possible after an offence.
4. Do I need a lawyer to apply for a rent repayment order?
   No. The process is designed to be renter-friendly. Guidance is available on the First-tier Tribunal’s website.
5. What evidence should I submit with my RRO application?
   Include your tenancy agreement, rent statements or bank records, copies of any official complaints (such as to your council), and records of communication with your landlord.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for forms, guidance, and official processes
• Scottish Government – Private Renting: Tenant Rights
• Citizens Advice Scotland – Rent Repayment Orders
• Landlord Registration (Scottish Government)

---

1. Private Housing (Tenancies) (Scotland) Act 2016

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