Penalties for Illegal Eviction by Landlords in Scotland

If you’re renting in Scotland, understanding your rights is essential—especially when it comes to evictions. Landlords must follow strict legal procedures when ending a tenancy. If they don’t, it may be considered illegal eviction, which carries serious penalties under Scottish law.

What Is Illegal Eviction?

Illegal eviction happens when a landlord tries to remove a tenant from their home without following the proper legal process. This includes changing the locks, removing your belongings, or harassing you to force you out—without a court order or proper notice.

Legal Requirements for Eviction in Scotland

Landlords in Scotland must:

• Give proper notice (usually using an official Notice to Leave form).
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) if the tenant doesn’t leave by the specified date.
• Wait for the tribunal’s decision and court officers to carry out the eviction—never attempt to remove the tenant themselves.

Failure to do these things could make an eviction illegal.

Penalties for Illegal Eviction in Scotland

Illegal eviction is a criminal offence under the Housing (Scotland) Act 1988, Section 22^[1] and the Private Housing (Tenancies) (Scotland) Act 2016^[2]. Possible penalties include:

• Criminal prosecution leading to a fine, imprisonment (up to 2 years), or both
• Compensation to the tenant (potentially several months’ rent as damages)
• A criminal record for the landlord

These penalties aim to deter landlords from acting outside the law and to protect tenants’ rights to a secure home.

How to Take Action If You’re Illegally Evicted

You have the right to challenge an illegal eviction. Immediate steps can include contacting the police and getting advice from local authorities or tenant support services.

• Contact Police Scotland: Illegal eviction is a crime—call 101 or 999 if you’re at risk of harm.
• Contact your local council: Councils can intervene, especially if you face homelessness. See homelessness help from the Scottish Government.
• Apply to the First-tier Tribunal: You can make a claim for wrongful eviction or harassment and seek compensation.

Key takeaway: Never leave your home unless served with a legal notice and a tribunal order. You have the right to remain until the process is properly completed.

Official Forms Renters Should Know

• Notice to Leave (no set form number):
  Landlords use this to formally ask tenants to leave. If you receive one, check it for correctness and dates. Find the official model and instructions from the Scottish Government.
• Application to the First-tier Tribunal (Eviction Proceedings Form):
  A landlord must use this to request the tribunal to evict a tenant. If you are notified of such proceedings against you, consider seeking legal support.
• Homelessness Assistance Application:
  If you’re made homeless (or threatened with homelessness due to illegal eviction), contact your local council immediately. Find details at mygov.scot.

Each of these forms plays a role in protecting renters during the eviction process and ensuring all parties follow legal procedures.

Relevant Legislation and Tribunals

Evictions in Scotland are governed by:

• Housing (Scotland) Act 1988, Section 22
• Private Housing (Tenancies) (Scotland) Act 2016

The First-tier Tribunal for Scotland (Housing and Property Chamber) handles cases involving illegal eviction, rent disputes, and tenancy issues.

Frequently Asked Questions

1. What counts as illegal eviction in Scotland?
   Any attempt by a landlord to remove a tenant without proper notice, a tribunal order, or by using threats or harassment is considered illegal eviction.
2. Can my landlord change my locks?
   No. Your landlord must never change the locks or exclude you without a court (tribunal) order from the Housing and Property Chamber.
3. What compensation can I get if I’m illegally evicted?
   You may be entitled to compensation, which can be several months’ rent, plus damages for distress or loss, as determined by the tribunal or court.
4. Who can help me if I'm facing illegal eviction?
   Contact Police Scotland, your local council, or tenant advocacy helplines for urgent support. See resources below.
5. Is harassment by a landlord also illegal?
   Yes. Harassing or threatening behaviour by a landlord intended to make you leave is also a criminal offence under Scottish law.

Need Help? Resources for Renters

• MyGov.scot – Tenant rights in Scotland
• First-tier Tribunal for Scotland: Contact details
• Citizens Advice Scotland – Illegal Eviction Advice
• Police Scotland – How to contact
• Homelessness help from the Scottish Government

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1. Housing (Scotland) Act 1988 Section 22: View the relevant legislation
2. Private Housing (Tenancies) (Scotland) Act 2016: See the eviction and harassment protection details

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