Claiming Rent Back After an Illegal Eviction in Scotland

If you have experienced an illegal eviction in Scotland, you might be wondering if you can claim back the rent you paid during your tenancy. Scottish law has specific protections for renters, and illegal evictions are taken seriously by the authorities. This guide explains your rights and how you can seek compensation, including rent repayment, if your landlord has acted unlawfully.

Understanding Illegal Eviction in Scotland

In Scotland, landlords must follow legal procedures if they want to end your tenancy. An illegal eviction happens when a landlord removes a tenant from a property without a court order or required notice. Common examples include changing the locks or forcing you out without serving the proper documents.

• Landlords must apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.
• Failure to follow the correct process can make an eviction unlawful or 'illegal'.

The relevant legislation is the Housing (Scotland) Act 1988 and the Private Housing (Tenancies) (Scotland) Act 2016.¹

Can You Claim Rent Back?

Yes, if you have been illegally evicted, you may be able to claim back some or all of your rent as compensation. This is sometimes referred to as a 'rent repayment order'. The Tribunal may order your landlord to pay you up to 12 months' rent if they are found to have unlawfully evicted you.

• The Tribunal will consider the facts of your case, including the landlord's conduct and how long you were unlawfully evicted for.
• Not all tenants will automatically receive the maximum amount; decisions are case-specific.

Which Tribunal Handles Illegal Eviction Claims?

Claims for unlawful eviction and associated rent repayment are dealt with by the First-tier Tribunal for Scotland (Housing and Property Chamber). They manage disputes between tenants and landlords, including compensation claims.

Steps to Claim Rent Back After Illegal Eviction

If you believe you've been illegally evicted, there are several key steps you should follow. Here's a brief summary before we break them down:

• Gather evidence of the eviction and your tenancy
• Contact the police or local council if you've been locked out or threatened
• Apply to the appropriate Tribunal for compensation

1. Gather Your Evidence

Keep records such as your tenancy agreement, rent receipts, emails or texts with your landlord, and notes about what happened and when. Photographic evidence (such as a changed lock or packed belongings) can be valuable.

2. Report the Illegal Eviction

If your landlord tries to remove you without the correct procedure, contact your local council’s housing department immediately. The police may help if you've been locked out.

• Find your local council for emergency housing help.

3. Apply for Rent Repayment and Compensation

You can submit a complaint to the First-tier Tribunal for Scotland (Housing and Property Chamber). The key form to use is:

• Eviction Application Form (Form E): This is used when applying to the Tribunal over eviction matters. Submit this form if you were evicted, stating your circumstances and attaching your evidence. The Tribunal will assess whether the eviction was illegal and what compensation is fair.
  Official Tribunal Application Forms

Example: If your landlord changed the locks and removed your belongings without a Tribunal eviction order, you would complete the Eviction Application Form, attach your tenancy agreement and evidence, and state your request for rent repayment.

What to Expect at the Tribunal

The process is designed to be accessible to the public. You do not need a solicitor, though legal advice can help. The Tribunal will consider:

• Whether proper notice was served
• If a valid eviction order existed
• The circumstances and impact of the eviction on you
• How much rent, if any, should be repaid

FAQ

1. What counts as an illegal eviction in Scotland?
   An illegal eviction is when a landlord removes you from your home without following the correct legal steps, like not serving proper notice or obtaining a Tribunal eviction order.
2. Do I need a lawyer to make a rent repayment claim?
   No, you can represent yourself at the First-tier Tribunal, but legal advice can be helpful.
3. How much compensation could I receive?
   You may receive up to 12 months’ worth of rent, depending on the details and severity of your case.
4. Where do I send my application?
   You submit your application form directly to the First-tier Tribunal for Scotland (Housing and Property Chamber) using their online portal or by post.
5. What evidence should I provide?
   Keep all documents relating to your tenancy, eviction, and communication with your landlord. Photographic evidence and witness statements are also helpful.

Key Takeaways

• You have the right to challenge illegal evictions in Scotland.
• The First-tier Tribunal can order your landlord to repay rent—sometimes up to 12 months’ worth.
• Gather evidence and act quickly by contacting your council and applying to the Tribunal.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland – Housing and Property Chamber
• Scottish Government: Your Rights as a Renter
• MyGov.Scot: Eviction from Your Home
• Find Your Local Council

---

1. Private Housing (Tenancies) (Scotland) Act 2016 – Unlawful Eviction and Occupation; Housing (Scotland) Act 1988 – Protection from Eviction

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