What Scottish Renters Should Do If Harassed to Leave

Being harassed or pressured to leave your rented home in Scotland can feel frightening and overwhelming. As a renter, you are protected by law from harassment and unlawful eviction, regardless of your tenancy type. This guide explains your legal rights, what steps to take if you face harassment, and how to get help from official bodies if needed.

What Counts as Harassment or Unlawful Eviction?

Harassment can include any actions used by a landlord (or someone acting for them) to make you feel so uncomfortable that you leave your home. In Scotland, this is illegal under Section 22 of the Housing (Scotland) Act 1988^[1].

• Turning off your gas, electricity, or water
• Changing the locks while you're still living in the property
• Frequent or aggressive visits, calls, or messages
• Threatening you with eviction without using the official legal process
• Entering your home without proper notice (usually 24 hours unless it's an emergency)

Landlords must always follow a strict legal process to end a tenancy and cannot force you to leave without a proper eviction notice and, in many cases, a tribunal order.

Your Rights as a Tenant in Scotland

If you have a Private Residential Tenancy (PRT) or other legitimate tenancy, your landlord cannot simply demand you leave or harass you into giving up your home. They must serve you with the correct "Notice to Leave" and, if you do not move out, apply to the First-tier Tribunal for Scotland (Housing and Property Chamber) to legally evict you.

What to Do If You’re Being Harassed

Here are the key steps to protect yourself if you believe you are being harassed to leave your home:

1. Gather Evidence

• Keep a written record of all incidents, including dates and times.
• Save messages, emails, and notes from your landlord.
• If possible and safe, record conversations (audio or written summaries).

2. Understand Official Forms: Notice to Leave

The only valid way for your landlord to begin ending your tenancy is by serving the Notice to Leave form. You do not have to leave until the notice period ends and the tribunal has granted an eviction order.

• Form Name: Notice to Leave
• When used: When your landlord wants to legally end a Private Residential Tenancy.
• Example: If you receive a Notice to Leave, check the reason, dates, and if your landlord provided the correct notice period. Read government guidance here.

3. Contact Your Local Council or Get Advice

• Your local council’s housing options team can investigate harassment.
• Scottish tenants can also reach out to advice services (details in the Resources section below).

4. Report Harassment to the Housing and Property Chamber

If harassment does not stop or you fear for your safety, you can apply to the Housing and Property Chamber for action against your landlord. They provide forms and guidance for all tenancy disputes, including unlawful eviction and harassment.

• Form Name: Eviction and Possession Application Forms
• Use: To raise a dispute or challenge an illegal eviction attempt
• Guidance and forms: Eviction & Possession Forms

5. If You Feel Unsafe

• If threatened or in physical danger, contact Police Scotland on 101 (or 999 in an emergency).
• Harassment and illegal eviction are criminal offences under Scottish law.

How the Law Protects You

Under the Housing (Scotland) Act 1988, Section 22, it is a criminal offence for a landlord to unlawfully deprive you of occupation of your home or harass you to leave. Only the First-tier Tribunal for Scotland can grant an eviction order. See official eviction process for Scotland.

Renter Action Steps

• Do not move out unless you receive proper written notice and a tribunal eviction order.
• Report all harassment to your local council or Police Scotland.
• Consider contacting the Housing and Property Chamber for independent help with tenancy disputes.

Knowing your legal rights keeps you safer and gives you time to respond appropriately if you're being pressured to leave.

Frequently Asked Questions

1. What should I do first if my landlord is harassing me to leave?
   Start by documenting every incident and contact your local council or a tenant advice service for confidential help.
2. Can my landlord evict me without a tribunal order in Scotland?
   No; they must use a valid Notice to Leave and obtain an eviction order from the First-tier Tribunal for Scotland.
3. What is the penalty for landlord harassment or illegal eviction?
   Your landlord can face criminal charges, fines, or be ordered to let you return to your home.
4. Who can help me challenge harassment or unlawful eviction?
   Your local council, tenant advice services, and the Housing and Property Chamber can all provide support.
5. Where can I get the official Notice to Leave form?
   The Scottish Government provides it: official Notice to Leave form.

Conclusion: Your Key Takeaways

• You cannot be forced out of your home without a legal process in Scotland.
• Harassment by a landlord is illegal—keep records and seek help early.
• Resources like your local council and the Housing and Property Chamber exist to protect your rights.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – handles all tenancy disputes and eviction applications
• Scottish Government: Notice to Leave form and guidance
• MyGov.Scot: Private renting rights
• Your local council’s housing options team
• Police Scotland – call 101 for non-emergencies, 999 in emergencies

---

1. Housing (Scotland) Act 1988, Section 22 – Protection against harassment and illegal eviction
2. Scottish Government – Notice to Leave form
3. Housing and Property Chamber – Eviction and Possession Application Forms
4. MyGov.Scot – How landlords can evict tenants

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