Can You Be Evicted for Complaining in Scotland?

If you're a renter in Scotland, you might worry that reporting repairs or making a complaint could put your tenancy at risk. Scottish law provides robust protections against eviction as retaliation for voicing concerns—learn what these are, how the process works, and what steps you can take if you face unfair treatment.

Your Right to Complain as a Tenant in Scotland

Renters in Scotland have a clear right to ask their landlord for repairs, challenge rent increases, or raise other concerns without fear of eviction solely for doing so. This is sometimes referred to as protection against "retaliatory eviction." Under recent tenancy reforms, these rights are stronger than ever for most private tenants.

Key Tenancy Types and Eviction Processes

• Private Residential Tenancy (PRT): Most private renters now have a PRT, introduced by the Private Housing (Tenancies) (Scotland) Act 2016. Landlords can only evict you using specific legal grounds.
• Older Tenancies: If your agreement started before December 2017, you may have an Assured or Short Assured Tenancy under the Housing (Scotland) Act 1988.

For both tenancy types, eviction must follow a formal process and cannot be used simply because you made a complaint or asked for repairs.

Can a Landlord Evict You for Complaining?

Scottish law is clear: landlords must not evict or threaten to evict a tenant as punishment for legitimate complaints or for requesting repairs. If you are facing eviction soon after raising issues:

• Check if the reason given matches one of the legal eviction grounds listed in tenancy law.
• Keep records of all correspondence or evidence of your complaint.
• Report any concerns of retaliation to the relevant authorities.

How the Eviction Process Works in Scotland

Before a landlord can ask you to leave:

• They must serve an official eviction notice
• They must use one of the legal grounds (for example, if rent is unpaid for a certain period, or the landlord wants to sell the property)
• If you do not move out, the landlord must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order

The Tribunal will only issue an eviction order if the landlord proves that one of the permitted grounds applies. Complaining about repairs or making a legitimate complaint does not in itself qualify as a ground for eviction.

Important Official Forms

• Notice to Leave (PRT tenancies):
  Used when the landlord wishes to bring a Private Residential Tenancy to an end. The notice must state which eviction ground applies and give you the correct notice period. For example, if you miss rent payments, the landlord may send a Notice to Leave. See the model Notice to Leave (no official number, but this template is from the Scottish Government).
• AT6 Form (Assured and Short Assured tenancies):
  Used for ending older tenancies begun before Dec 2017. Must state the legal grounds for eviction.
  Official AT6 form
• Eviction Application Form (for Tribunal):
  If you do not leave after a valid notice, the landlord applies to the First-tier Tribunal. Tenants can attend and defend themselves at the hearing.
  Find the tribunal application forms

For every notice or form, carefully check the stated reason. If you think the notice is in retaliation for a complaint, you can present your evidence to the Tribunal.

What to Do If You Suspect Retaliation

• Keep a record: Save emails, texts, and any repair requests you made.
• Respond in writing: Politely ask your landlord to explain the reason for eviction.
• Seek support: Contact council tenancy services or local advice charities for help.
• Prepare for any Tribunal hearing: Gather all documents, evidence, and timelines.

Relevant Tenancy Legislation

• Private Housing (Tenancies) (Scotland) Act 2016: Main law for PRT tenancies
• Housing (Scotland) Act 1988: Applies to older tenancy types

The official Tribunal for all eviction disputes is the First-tier Tribunal for Scotland (Housing and Property Chamber).

Frequently Asked Questions

1. Can my landlord evict me just because I complain about repairs?
   No, Scottish law does not allow landlords to evict tenants simply because they have made a complaint or requested repairs.
2. What should I do if I receive an eviction notice after complaining?
   Carefully review the reason stated on the notice. If you believe it's retaliatory, keep all evidence and seek advice before responding or attending a Tribunal hearing.
3. Who decides if my eviction is legal?
   The First-tier Tribunal for Scotland (Housing and Property Chamber) will review your case, evidence, and both sides before deciding whether to grant an eviction order.
4. Where can I find the correct eviction notice forms?
   On the Scottish Government website’s Private Renting Tenancy Reform page, or the tribunal’s application forms portal.
5. Can I stay in my home during the Tribunal process?
   Yes, you do not have to leave until the Tribunal has reviewed the case and made a decision.

Conclusion: Key Takeaways

• You cannot lawfully be evicted in Scotland just for making a complaint.
• Eviction must always follow a formal process and use only official legal grounds, reviewed by the Tribunal.
• If you suspect retaliation, gather evidence and seek advice as soon as possible.

Scottish law is designed to protect renters who speak up about their rights or property conditions—help is available if you need it.

Need Help? Resources for Renters

• Mygov.scot – Private renting tenants’ rights
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Citizens Advice Scotland – Renting privately
• Contact your local council’s tenancy relations service for free support and guidance.

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1. Private Housing (Tenancies) (Scotland) Act 2016: Full text of the Act
2. Housing (Scotland) Act 1988: See the Act
3. First-tier Tribunal for Scotland (Housing and Property Chamber): Official Tribunal site
4. Scottish Government model Notice to Leave (PRT): View form
5. AT6 Form: Official AT6

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