Harassment in Shared Housing: What Renters in Scotland Can Do

If you're renting in shared housing or an HMO (House in Multiple Occupation) in Scotland, feeling safe and respected in your home is your right. Unfortunately, harassment can sometimes occur – whether from a landlord, letting agent, other tenants, or even visitors. Knowing your legal protections and clear next steps is vital. This guide explains what counts as harassment in Scottish shared housing, and gives you actionable advice and official resources to help you respond.

Understanding Harassment in Shared Housing

Harassment in housing means any behaviour intended to make you feel uncomfortable, unsafe, or force you out of your home. This is illegal in Scotland, and applies to all tenants, including lodgers, HMO tenants, and those with private residential tenancies.

• Actions like threats, verbal abuse, or intimidation
• Unwanted visits at unreasonable times by a landlord or agent
• Entering your room or home without permission (except in emergencies)
• Withholding essential services (like hot water, electricity or repairs)
• Discriminatory or persistent nuisance from other tenants

Harassment is prevented under the Housing (Scotland) Act 1988 and also breaches your right to 'quiet enjoyment' of your home¹.

What To Do If You Experience Harassment

If you’re experiencing harassment, follow these steps to safeguard your situation and ensure the best chance of official support:

1. Record the Incidents

• Write down dates, times, and details of every incident. If possible, gather supporting evidence such as texts, emails, or audio recordings (only if safe and legal to do so).
• Note any witnesses in your household.

2. Communicate in Writing

• If appropriate and safe, contact the person responsible for the behaviour. Clearly ask them to stop. Always communicate in writing (for example, via email) so you have a clear record.
• Keep all written communications as evidence.

3. Contact Your Landlord or Letting Agent (If Not Involved)

• Report the situation in writing, and request their support in making your home safe.
• If it's your landlord or letting agent harassing you, proceed directly to the next steps.

4. Get Advice and Support

• Contact Citizens Advice Scotland or your local council's Private Rented Sector Team for confidential advice.
• The national Scottish Government's Private Renting resources explain further rights and protections.

5. Make a Formal Complaint

• If the landlord or letting agent is not taking your report seriously, make a formal complaint using their official complaints procedure. Ask for this in writing.
• If the harassment comes from another tenant, the landlord is responsible for investigating if you have reported it and should take reasonable steps.

6. Involve the Council or Police

• If you are in danger or experience threats, contact Police Scotland (Police Scotland) immediately by calling 101 (or 999 in emergency).
• Report harassment from your landlord, letting agent, or in an unlicensed HMO to your local council’s housing/Environmental Health department.
• Councils can investigate and may take enforcement action against landlords who unlawfully harass tenants or fail to act on harassment between tenants in HMOs.

Applying to the Tribunal

For ongoing problems, you may be able to apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if your landlord is failing their legal obligations, or for unlawful eviction and harassment proceedings. You are protected under the Housing (Scotland) Act 1988 and related HMO licensing conditions².

• If you wish to claim the landlord has harassed you or tried to unlawfully evict you, complete the HPC Application Form - Eviction and Harassment (download from official source).
• When to use: After other routes (council support, landlord complaints) have failed. Example: Your landlord repeatedly threatens to enter your home to make you leave, and you have evidence of harassment.
• Return the completed form to the address on the form or by email as directed to the Housing and Property Chamber.

Understanding Your Rights as a Lodger or HMO Tenant

Lodgers and tenants in shared homes have rights against harassment, but your exact process for addressing issues may vary depending on your tenancy type. Always check your tenancy agreement, and know that:

• All tenants (including those in HMOs or as lodgers) are protected by anti-harassment rules in Scottish law
• Your landlord must hold an HMO licence for three or more unrelated tenants; failure to comply can be reported to your local council

Your legal rights stand regardless of your immigration status or how rent is paid.

FAQ: Dealing with Harassment in Shared Scottish Housing

1. What if my landlord enters my room without notice?
   Unless it’s an emergency, your landlord or agent must give reasonable notice (commonly 24 hours) before entering. Unauthorized entry can be considered harassment. Report this to your council and keep records.
2. How do I report harassment by another tenant?
   Tell your landlord in writing. They should act, especially in HMOs. If the landlord does nothing, contact your local council or, in severe cases, apply to the tribunal for help.
3. Can I be evicted for complaining?
   No, it is illegal for landlords to evict you for reporting harassment or asserting your rights. Any retaliatory eviction attempt can be challenged via the First-tier Tribunal.
4. Where do I find support if I’m afraid or unsure?
   Council housing teams, Citizens Advice Scotland, Police Scotland, and the Scottish Government’s renting advice pages all offer confidential support and guidance.

Conclusion: Your Safety Matters

• You have the right to safe, harassment-free housing in Scotland—these protections apply no matter your tenancy type.
• Keep detailed records, use official complaint procedures, and know you can escalate issues to the First-tier Tribunal for Scotland.
• Help is available from national and local organisations—never hesitate to ask for support.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles unlawful eviction and harassment cases
• Citizens Advice Scotland – confidential advice on tenant rights and harassment
• Police Scotland – report criminal harassment or if you’re in immediate danger
• Scottish Government: Tenant & Landlord Rights
• Your local council housing department – advice and enforcement regarding HMOs and landlord conduct

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1. See the Housing (Scotland) Act 1988
2. Official tribunal is the First-tier Tribunal for Scotland (Housing and Property Chamber)

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