If you are a tenant in Scotland and discover someone living in your rented home without permission, it can be stressful and confusing. This guide explains common terms used by renters and tenants, how standard renters' or contents insurance usually treats unauthorised occupants, and the practical steps you can take to document the situation, notify your landlord and insurer, and pursue official remedies under Scottish law. Where relevant we point to the tribunal and government forms you may need and show simple, tenant-focused examples so you know what to do first and where to get authoritative help in Scotland.
What renters' insurance usually covers
Most renters' (contents) insurance policies cover personal belongings and certain liability claims, but policies vary. Insurers commonly exclude losses caused by illegal or deliberate acts by occupants who are not authorised by the policyholder. If squatters cause damage or steal items after a forced entry, some policies may consider that a claimable theft loss, but many exclude losses tied to ongoing unauthorised occupation. Always check your policy wording and the insurer's guidance before assuming cover.
- Read your policy schedule and exclusions carefully to see if theft or malicious damage by unauthorised occupants is listed.
- Note any required deadlines or notice obligations in the policy for reporting incidents to the insurer.
- Gather evidence: photos, timestamps, and a clear log of who you spoke to and when.
- Contact your insurer promptly and follow their claim instructions; ask for a claim reference.
- Tell your landlord as soon as possible and keep written records of communications.
- If you believe a crime has taken place, consider reporting it to Police Scotland and get an incident number.
Squatters and Scottish law
Scottish tenancy law is governed by the Private Housing (Tenancies) (Scotland) Act 2016[1], which defines private tenancy rights and routes for eviction or repossession. Unauthorised occupants are usually a civil matter: landlords normally must seek a legal eviction order rather than use self-help. The official body that deals with many residential tenancy disputes in Scotland is the First-tier Tribunal for Scotland (Housing and Property Chamber). You can find application guidance and contact details on the Tribunal website.[2]
What to do if you discover squatters
- Ensure personal safety first: if anyone is in immediate danger call Police Scotland and follow their instructions.
- Document the situation with dated photos, videos and a written log of events and conversations.
- Contact your landlord promptly and tell them you have evidence of unauthorised occupation and provide copies.
- Notify your insurer and ask whether the incident is covered and what evidence they need for a claim.
- If the landlord cannot resolve the matter, the usual next step is an application to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction or recovery order.
- Follow required forms and deadlines when applying to the tribunal and keep copies of every document you file.
Official forms and how to use them
Key official documents you may need include the landlord's "Notice to Leave" templates and any application forms for the First-tier Tribunal (Housing and Property Chamber). A typical process is: the landlord serves a correct notice to leave where appropriate, and if the occupant does not vacate the property the landlord may then apply to the Tribunal for an eviction order. Templates and guidance for notices are provided by the Scottish Government and tribunal application forms and guidance are available from the Housing and Property Chamber website.[3]
- Notice to Leave (Scottish Government template): used when a landlord formally asks an unauthorised occupant to leave; example: your landlord serves a written notice that sets out the ground and a leave date, then keeps proof of delivery.
- Application to the First-tier Tribunal (Housing and Property Chamber) for an eviction/recovery order: used when the occupant does not leave after notice; example: the landlord files the tribunal application with your evidence and the tribunal sets a case timetable.
Key Takeaways
- Check your policy wording immediately and record any exclusions or claim requirements.
- Inform your landlord and insurer promptly and keep written records of all communications.
- If informal steps fail, the landlord will normally apply to the First-tier Tribunal for an order.
Help and Support / Resources
- First-tier Tribunal for Scotland (Housing and Property Chamber)
- Scottish Government housing and tenancy guidance
- Police Scotland
