Recognising Illegal Eviction and Harassment in Scotland

If you rent a home in Scotland, it’s important to know your legal rights, especially when it comes to eviction and landlord behaviour. Illegal eviction and harassment can be distressing, but understanding the warning signs lets you act quickly and seek support. Scottish law offers renters strong protection from unfair treatment by landlords.

What is Illegal Eviction in Scotland?

Illegal eviction means being forced to leave your home without your landlord following the correct legal process. Under the Private Housing (Tenancies) (Scotland) Act 2016, your landlord must serve proper written notice and, if you do not leave, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order.

Common Signs of Illegal Eviction or Harassment

Harassment involves any deliberate actions by your landlord or agent to make you leave your home, or to make your life there uncomfortable. Here are key warning signs to watch for:

• Changing the locks or securing doors to keep you out without a court order
• Removing your belongings or refusing you entry
• Turning off gas, water, or electricity supplies without fair cause
• Threatening, abusive, or persistent unwanted contact
• Entering your home without permission, except in emergencies
• Withholding essential repairs to force you out

If you experience any of these, your landlord may be breaking the law, and you have a right to a safe and secure home unless legally evicted.

Legal Eviction Process in Scotland

Landlords must strictly follow the legal procedure to end a tenancy:

• Serve you with written notice using the correct form (see below for details).
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for an eviction order if you do not leave voluntarily.
• Only authorised officers (never the landlord directly) can enforce eviction after the Tribunal grants an order.

Official Forms: Notice to Leave

• Form Name: Notice to Leave
• When and How Used: If you have a Private Residential Tenancy, your landlord must give you a formal Notice to Leave, stating their grounds for eviction and giving you at least 28 or 84 days' notice depending on the reason.
• Practical Example: If your landlord wants you to move out due to rent arrears, they must deliver a Notice to Leave (with grounds explained) before taking any further action.
• Read more and find the Notice to Leave form (Scottish Government)

What To Do If You Experience Illegal Eviction or Harassment

Take action as soon as possible if you feel threatened or locked out. The law is on your side and there are clear steps you can follow:

• Contact your local council’s housing advice or homelessness team immediately for emergency help.
• Call Police Scotland on 101 or 999 if you are locked out or threatened—it is a criminal offence for a landlord to illegally evict a tenant.
• Gather evidence such as photographs, written communications, and witness statements.
• Apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for help resolving your tenancy dispute, especially if you want to challenge an illegal eviction or claim compensation.

Further guidance is available in the Scottish Government’s Private Residential Tenancies: Tenant’s Guide.

If you suspect your landlord is harassing you or has tried to evict you unlawfully, act quickly—support and legal remedies are available to protect your tenancy.

FAQ: Illegal Eviction and Harassment for Scottish Renters

1. What should I do if my landlord changes the locks?
   If you’re locked out without a court-approved eviction order, contact your local council immediately and call the police. Your landlord cannot legally lock you out; this is a criminal offence.
2. Can my landlord enter my home without permission?
   No, your landlord must give 48 hours’ written notice before entering, except for emergencies. Persistent unauthorised entry can be harassment.
3. Where do I complain about landlord harassment?
   You can report harassment to your local council’s private rented housing team and also apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) for tenancy issues.
4. Is a verbal eviction notice ever valid?
   No. Your landlord must always use the correct written notice form. Verbal instructions have no legal standing and do not end your tenancy.
5. Where can I access official forms for eviction or complaints?
   The Notice to Leave and complaint forms are available on the Scottish Government’s Private Tenancy guidance page and via the First-tier Tribunal (Housing and Property Chamber).

Need Help? Resources for Renters

• Private Residential Tenancies: Tenant’s Guide (Scottish Government)
• First-tier Tribunal for Scotland (Housing and Property Chamber)
• Citizens Advice Scotland – Help with Eviction
• Your local council’s housing team – search: “{your local authority} council private renting advice”
• Police Scotland: Non-emergency number 101 (call 999 in emergencies)

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1. Private Housing (Tenancies) (Scotland) Act 2016 – see sections on eviction
2. First-tier Tribunal for Scotland (Housing and Property Chamber) – disputes and applications
3. Scottish Government – Tenant’s Guide, official forms and complaints

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