Legal Definition of Harassment in Scottish Housing Law

If you are a renter in Scotland and experiencing issues with your landlord, you may wonder what officially counts as harassment under Scottish housing law. Knowing your rights is crucial in protecting yourself and ensuring a safe, secure home. This guide explains what constitutes harassment in housing, how the law protects renters, and the steps you can take if you believe you’re facing harassment.

Key Protections Against Harassment in Scottish Housing

In Scotland, harassment by a landlord or anyone acting for them is strictly prohibited under the law. The key legislation protecting renters is the Housing (Scotland) Act 1988, Part III. Harassment means carrying out acts likely to interfere with your peace and comfort in your home or making it difficult for you to live there in hopes you’ll leave.

What Counts as Harassment?

The Housing (Scotland) Act 1988 defines harassment as:

• Acts likely to interfere with the peace or comfort of the tenant or their household.
• Persistent withdrawal of essential services (such as water, gas, electricity).
• Preventing or restricting use of parts of the property.
• Intimidation, threats, or aggressive behaviour designed to make you leave your home.

Examples might include a landlord turning off your electricity, repeatedly visiting without notice, or threatening eviction without legal grounds.

The Role of Intent

For harassment to be legally recognised, the landlord (or their agent) must intend to make you leave your home or discourage you from exercising your legal rights as a tenant. Even if they claim not to have intended this result, the law considers whether a reasonable person would view their actions as intending to force you out.

Tip: If you feel uncomfortable or pressured by your landlord’s actions, keep a written record of dates, times, and what happened. This evidence may help you later if you decide to make a formal complaint or apply to a tribunal.

How to Take Action if You Experience Harassment

If you believe you are being harassed, you have legal options in Scotland to seek protection and redress. The First-tier Tribunal for Scotland (Housing and Property Chamber) handles most disputes related to tenancies, including harassment claims.

Official Complaint Forms and How to Use Them

• Application to the First-tier Tribunal (Housing and Property Chamber): Use Form "Eviction and/or Civil Proceedings Application" (Form ECP).
• When to use it: If your landlord’s actions might be considered harassment or illegal eviction, you can use this form to seek a tribunal decision.
• How to use it: Complete the form with details and evidence (such as emails, letters, or a diary of incidents) and submit it to the Housing and Property Chamber using their official portal.

For advice or help completing forms, you can also contact Citizens Advice Scotland or your local council’s housing department.

What Happens If Your Landlord Is Found Guilty of Harassment?

Harassment in housing is a criminal offence in Scotland. If the tribunal or a court finds your landlord guilty, they may receive a fine, a criminal conviction, or a requirement to pay you compensation. The law is designed to deter landlords from unfair or intimidating behaviour and ensure tenants feel safe in their own homes.

Frequently Asked Questions About Harassment in Scottish Housing

1. What should I do first if I think my landlord is harassing me?
   Document every incident with dates and descriptions, then seek advice from Citizens Advice Scotland or your local council before making a tribunal application.
2. Does harassment only include physical actions?
   No—harassment can also include psychological intimidation, threats, or withdrawal of services like heating or water.
3. How can I prove harassment if it is just my word against my landlord’s?
   Gather written evidence such as text messages, emails, or a diary of incidents, and ask neighbours or friends who have witnessed behaviour to provide statements if possible.
4. Will my landlord lose their property if found guilty of harassment?
   A landlord may face significant penalties, including fines and criminal convictions, but loss of property is rare; penalties focus mostly on compensation and recognising tenant rights.
5. Can I stay in my home if I report harassment?
   Yes, the law protects your right to remain in your home, and you cannot be legally evicted without a proper tribunal or court order in Scotland.

Conclusion: Key Takeaways

• Harassment in Scottish housing is legally defined and strictly prohibited by the Housing (Scotland) Act 1988.
• If you experience harassment, document everything and seek help promptly.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) is there to support renters facing harassment or illegal eviction.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – for applications and guidance on tenancy disputes
• MyGov.Scot Tenant Rights – for clear information about your rights and responsibilities
• Citizens Advice Scotland – for free, confidential advice
• Scottish Government – Tenants and Leaseholders Policy

---

1. Housing (Scotland) Act 1988, Part III – Harassment of Occupiers
2. First-tier Tribunal for Scotland (Housing and Property Chamber)
3. MyGov.Scot Tenant Rights overview
4. Citizens Advice Scotland – Find local advice

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