Taking Legal Action for Harassment as a Renter in Scotland

Harassment from a landlord or letting agent in Scotland is a serious matter that can impact your safety and well-being at home. If you're a renter facing intimidation, threats, or undue interference, Scottish law provides clear protections and ways to seek justice. This guide explains your rights, outlines legal processes, and links to official Scottish resources so you can act with confidence.

What Is Harassment Under Scottish Tenancy Law?

Harassment in the context of renting typically means actions by your landlord or their agent that are meant to make you leave your home or give up your rights as a tenant. In Scotland, this protection applies under the Housing (Scotland) Act 1988, Section 22 and the more recent Private Housing (Tenancies) (Scotland) Act 2016^1,2.

Examples of harassment might include:

• Entering your home without permission or insufficient notice
• Threatening eviction without due cause
• Withholding essential repairs or services as punishment
• Making persistent, unwelcome visits or communications
• Changing locks, cutting power, or removing your belongings

If your landlord's conduct feels controlling or threatens your right to enjoy your home in peace, the law can protect you.

Your Rights and What the Law Says

Under Scottish law, renters—whether on a private residential tenancy or another mainstream rental agreement—are protected from harassment and unlawful eviction. Landlords and agents cannot:

• Do anything intended to make you leave, or stop you exercising your legal rights
• Do things that interfere with your ability to live in your home ("quiet enjoyment")

If a landlord is proven to have harassed or unlawfully evicted a tenant, they may face criminal charges and the tenant could claim damages.

How to Take Legal Action for Harassment in Scotland

If you experience harassment, here are key steps to consider:

• Document all incidents: Keep a diary, save messages, and collect evidence.
• Raise the issue in writing: Send your landlord a letter or email explaining the behaviours you're experiencing and asking them to stop.
• Contact your local council: Scottish councils have powers to investigate landlord harassment and can take enforcement action.
• Apply to the First-tier Tribunal (Housing and Property Chamber): If harassment continues, you can ask the Tribunal to rule on the behaviour or award compensation.
• Seek police help: If you feel threatened or unsafe, contact Police Scotland immediately.

Relevant Official Forms and Where to Use Them

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Apply to the Tribunal
  • When to use: If your landlord is harassing you, refusing repairs as retaliation, or you believe they've acted illegally, you can submit an application to the Tribunal. For instance, if repeated threats have been made by your landlord to evict you without legal basis, you can ask the Tribunal to investigate and decide on the issue.
  • Form name: The application process is completed online or via the "Application by Tenant" form. Select the issue as "Failure to provide quiet enjoyment/harassment".
  • Download the Private Residential Tenancy Application Form (Section 41)
• Contacting your Local Council Environmental Health or Private Rented Housing Team
  • When you're experiencing harassment, councils such as via mygov.scot can advise or intervene. Many have their own reporting forms—search your council's website for "report landlord harassment".

Which Tribunal Handles Harassment Cases in Scotland?

Tenant complaints about landlord harassment are handled by the First-tier Tribunal for Scotland (Housing and Property Chamber).³ The Tribunal can make legally-binding decisions and may award compensation or issue orders requiring landlords to change their behaviour.

Summary

Harassment by your landlord is illegal. You have a right to take action, supported by your local council and through the Tribunal process. Act quickly, collect evidence, and don’t be afraid to seek help.

FAQs: Harassment and Legal Action for Scottish Renters

1. What counts as landlord harassment in Scotland?
   Any behaviour intended to make you leave your home or interfere unreasonably with your tenancy, such as repeated threats, entering without notice, or shutting off utilities, is considered harassment.
2. Can I report my landlord for harassment to the police?
   Yes. If you feel threatened or a crime has been committed (e.g., illegal eviction, physical threats), contact Police Scotland. For non-urgent help, also contact your local council.
3. What compensation could I get if my case is successful?
   If the Tribunal finds your landlord harassed you, you may get compensation, plus potentially an order stopping your landlord from further harassment.
4. How long does the tribunal process take?
   It can vary, but typically several weeks to a few months, depending on how complex your case is and how quickly evidence is gathered.
5. Can I get advice and help filling out the tribunal application?
   Yes, local councils, advice services, and the Scottish government provide free support with forms and legal rights.

Key Takeaways for Renters

• Harassment from a landlord is illegal and you are protected under Scottish law.
• The First-tier Tribunal for Scotland (Housing and Property Chamber) can decide complaints and award compensation.
• Document evidence, seek help from your council, and use official forms to take action.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber): Apply or check case progress.
• Your renting rights in Scotland (mygov.scot): Legal basics, dispute resolution, and support.
• Report landlord issues to your local authority: Council contact details by region.
• Citizens Advice Scotland – Harassment by your landlord
• Police Scotland: For urgent help or if you feel unsafe.

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1. Housing (Scotland) Act 1988, Section 22 – Protection from eviction and harassment
2. Private Housing (Tenancies) (Scotland) Act 2016
3. First-tier Tribunal for Scotland (Housing and Property Chamber) official website

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