Can Renters in Scotland Be Evicted for Complaining?

If you are renting in Scotland and worried about being evicted for raising a complaint, understanding your legal rights is essential. Making a legitimate complaint—whether about repairs, rent increases, or unfair treatment—should not put your tenancy at risk under Scottish law. This article explains your rights, the official process, and what protection you have from so-called "retaliatory eviction."

Can My Landlord Evict Me for Complaining in Scotland?

Scottish tenancy law offers strong protections to renters, especially those with a Private Residential Tenancy (PRT). It is unlawful for your landlord to evict you simply because you complained about maintenance, rent, or discrimination. This is sometimes called retaliatory eviction.

• Landlords must follow strict legal steps to end a tenancy. They cannot do so as a punishment for a complaint.
• All eviction grounds must be valid—mere complaints are not lawful grounds for eviction.
• Retaliatory evictions may be challenged and can be raised before the First-tier Tribunal for Scotland (Housing and Property Chamber).

Your Rights as a Renter in Scotland

Under the Private Housing (Tenancies) (Scotland) Act 2016, your landlord can only evict you on specific legal grounds, none of which include making a complaint about your tenancy or living conditions¹.

• If you complain about repairs or discrimination and your landlord tries to evict you, they must prove to the Tribunal that their grounds for eviction are genuine and not retaliatory.
• You are encouraged to keep written records of all complaints made to your landlord or letting agent.
• If harassment or discrimination is involved, you have additional legal protections under equality law.

What is Retaliatory Eviction?

Retaliatory eviction is when a landlord tries to end your tenancy because you exercised your legal rights—for example, by asking for repairs or complaining about unsafe conditions. In Scotland, such evictions are not considered valid grounds under the law.

What Should I Do If I Think My Landlord Is Trying to Evict Me as Punishment?

If you receive an eviction notice and believe it is because you complained:

• Read the notice carefully to see which ground for eviction your landlord claims.
• Gather evidence of your complaints (emails, texts, official form submissions).
• You can challenge the notice with the First-tier Tribunal for Scotland (Housing and Property Chamber), which handles all eviction disputes for private residential tenancies.

Important Official Forms – What You Need to Know

• Notice to Leave: This is the official notice landlords must give you if they want you to leave a property with a Private Residential Tenancy.
  • Landlords must give you a Notice to Leave explaining the legal ground for eviction.
  • If the reason seems linked to your complaint rather than a lawful ground, you should consider challenging it.
• Application to the First-tier Tribunal (No form number): If you believe the eviction is unjust, submit an Eviction Application Form to the Tribunal—attach all relevant evidence.

Which Scottish Tribunal Handles Disputes?

The First-tier Tribunal for Scotland (Housing and Property Chamber) is the official body that deals with all disputes about evictions, repairs, and tenancy rights for private renters in Scotland.

How to Challenge a Retaliatory Eviction

Challenging an eviction that you believe is retaliatory can feel intimidating. Here are the practical steps:

• As soon as you receive a Notice to Leave, check the guidance for tenants from the Scottish Government.
• Contact a tenant advice service for support and collect all correspondence and evidence.
• Submit a response and evidence to the First-tier Tribunal using their official form.

1. Is it legal to be evicted just for complaining about repairs or safety?
   No, under Scottish law you cannot be evicted purely for making a legitimate complaint about repairs, maintenance, or your landlord's conduct. Landlords must have proper legal grounds to evict.
2. What should I do if my landlord issues a Notice to Leave after I complain?
   Carefully review the ground stated on the notice and collect evidence of your complaint. Then, you can challenge the eviction through the First-tier Tribunal for Scotland (Housing and Property Chamber).
3. How do I prove a retaliatory eviction?
   Keep records of all communications about your complaint. Submit these as evidence with your application to the Tribunal.
4. Can my landlord increase rent or harass me in retaliation?
   Any form of harassment or unfair treatment in response to a complaint is illegal. Report such behaviour to the Tribunal or your local council immediately.
5. Are protections different for other tenancy types?
   Most private renters in Scotland now have Private Residential Tenancies. Older tenancy types may have slightly different rules, so seek advice if unsure.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – official tribunal for tenancy and eviction disputes
• Scottish Government: Private Residential Tenancy Guide – explains your rights and the eviction process
• Citizens Advice Scotland: Eviction information – free impartial advice for renters
• mygov.scot: Tenants' Rights – official government site for tenant support

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. Scottish Government tenant guide: Eviction process

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