Who Decides Rent Repayment Orders in Scotland?

If you’re a renter in Scotland dealing with illegal eviction, unlicensed landlords, or other serious breaches, you may be wondering how Rent Repayment Orders (RROs) are decided and by whom. This guide breaks down the process, names the relevant authority, and offers practical, easy-to-understand advice for Scottish renters.

What Are Rent Repayment Orders and When Do They Apply?

A Rent Repayment Order is a legal way for renters to claim back some or all of the rent they’ve paid, when their landlord has committed certain offences. These include unlicensed letting of property, unlawful eviction, or harassment. Scottish law gives you the right to apply for an order if you believe your landlord has broken the rules.

Who Decides Rent Repayment Orders in Scotland?

In Scotland, Rent Repayment Orders are decided by the First-tier Tribunal for Scotland (Housing and Property Chamber) – an independent public tribunal set up to resolve disputes between tenants and landlords. The Tribunal is impartial, and its panel members have expertise in housing law.^[1]

How the Tribunal Process Works

• You make an application to the Housing and Property Chamber
• The Tribunal reviews your case and may hold a hearing
• Both you and your landlord can present evidence
• The Tribunal reaches a decision and, if appropriate, issues a Rent Repayment Order

This process ensures that both parties get a fair chance to explain their side.

Relevant Legislation: Your Rights Under Scottish Law

Rent Repayment Orders in Scotland are mainly governed by the Private Housing (Tenancies) (Scotland) Act 2016 and the Antisocial Behaviour etc. (Scotland) Act 2004.^[2][3] These acts detail the rights of tenants and the responsibilities of landlords regarding licensing, property standards, and fair treatment of renters.

How to Apply: Official Tribunal Application Forms

To start the Rent Repayment Order process, you’ll need to complete and submit the correct application form to the Housing and Property Chamber.

• Form RRO – Application by tenant for a Rent Repayment Order

When to use: Use this form if you believe your landlord has rented out your home without the required licences, or has unlawfully evicted or harassed you. For example, if you paid rent to a landlord who operated without registration or HMO licensing, you can apply for repayment.

Where to get it: Download Form RRO (official tenant application form) directly from the Housing and Property Chamber website.

How to submit: Follow the instructions on the form, attach any evidence, and send the completed documents to the address or email provided on the Chamber’s forms page. View all applications and guidance.

What Happens After You Apply?

Once you’ve sent in your form, the Tribunal reviews your application. If your case proceeds, both you and your landlord can provide evidence. Most cases involve a hearing (in person or virtual), but sometimes decisions are made on paper. The Tribunal considers:

• The evidence of the alleged offence
• Any previous convictions or orders
• How much rent you seek to recover, up to a maximum of 12 months

If successful, the Tribunal will issue a legal order requiring the landlord to repay rent to you. You can read more about hearings and decisions on the official Tribunal website.

What If You Need Support?

Applying for a Rent Repayment Order can feel daunting, but there are many resources available. Scroll down to find advice and contact information for renters in Scotland.

Frequently Asked Questions

1. Who can apply for a Rent Repayment Order in Scotland?
   Any tenant whose landlord has committed a relevant offence—like operating without proper licensing, illegal eviction, or harassment—can apply to the Tribunal.
2. How long do I have to apply for a Rent Repayment Order?
   You generally have up to 12 months from the date of the offence to apply, but applying sooner is always recommended.
3. What evidence will I need when applying?
   Evidence could include tenancy agreements, payment records, correspondence, or documents showing the property was unlicensed at the time you paid rent.
4. How much rent can I recover with a Rent Repayment Order?
   The Tribunal can order repayment of up to 12 months’ rent, depending on the circumstances of the offence and the evidence provided.
5. Do I need a solicitor to apply for a Rent Repayment Order?
   No, you do not need a solicitor. The Tribunal process is designed for direct applications, but you can seek free advice if needed.

Key Takeaways for Scottish Renters

• The First-tier Tribunal for Scotland (Housing and Property Chamber) decides all Rent Repayment Order cases
• Applications use the official ‘Form RRO’ for tenants
• RROs help renters claim back rent when landlords break the law—such as letting without a licence or illegal eviction
• Support and advice are widely available for renters navigating the process

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – Official site with forms, guidance, and decisions
• Shelter Scotland – Free independent advice on tenant rights
• Citizens Advice Scotland – Local and online help for renters
• mygov.scot – Your rights when renting in Scotland
• For form support or urgent housing issues, contact your local council’s housing department directly

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1. First-tier Tribunal for Scotland (Housing and Property Chamber): Official Tribunal Site
2. Private Housing (Tenancies) (Scotland) Act 2016: Rent Repayment Orders
3. Antisocial Behaviour etc. (Scotland) Act 2004: Rent Repayment Orders

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