What to Do If Your Scottish Landlord Changes the Locks

If you are a renter in Scotland and discover that your landlord has changed the locks without proper process, you may feel powerless or confused about your rights. This situation, known as an illegal eviction, is taken very seriously under Scottish law. Understanding what to do next is vital for protecting your tenancy and wellbeing.

Understanding Lock Changes and Illegal Eviction

In Scotland, your landlord cannot change the locks, evict you, or exclude you from your home without following strict legal procedures. If they do so, it is considered an unlawful eviction under the Private Housing (Tenancies) (Scotland) Act 2016[1].

• Your landlord must serve an official Notice to Leave to end a Private Residential Tenancy.
• Only after the correct notice and a valid eviction order from the First-tier Tribunal for Scotland (Housing and Property Chamber)[2] can eviction proceed.
• Changing locks without these steps is almost always illegal.

Immediate Steps If Locks Have Been Changed

Here is what you should do immediately if you return home and find your landlord has changed the locks:

• Do not attempt to force entry. Doing so risks escalating the situation or possible criminal charges.
• Gather evidence – photographs of the door, locks, or any relevant messages from your landlord.
• Contact your landlord in writing to request access and ask for an explanation. Keep records of all communication.

Renter advice: If you feel unsafe or threatened, call Police Scotland on 101 (or 999 in an emergency).

Contacting Authorities and Seeking Urgent Help

If your landlord refuses to let you back in or you feel unsafe:

• Call Police Scotland on 101 and state you believe you are a victim of illegal eviction.
• Contact your local council’s housing team for emergency homelessness support.
• Reach out to a free advice service like Citizens Advice Scotland for guidance.

Your Rights and Legal Remedies

If you have a valid tenancy agreement or rent payment records, you are protected under Scottish law. Locking you out is unlawful unless there is a court or tribunal eviction order.

• You may be restored to your home, an order called reinstatement.
• You may be entitled to compensation for unlawful eviction.

Relevant Official Forms for Renters

• Application to the First-tier Tribunal for Scotland (Housing and Property Chamber) – Eviction Application Form (PRT) – Form E. Use this if your landlord applies for eviction; for compensation claims relating to illegal eviction, see below.
• Civil Proceedings – Illegal Eviction / Unlawful Eviction Claims: You can submit a claim to the First-tier Tribunal (Housing and Property Chamber) using the Repairing Standard Application Form if aspects of housing quality are affected, or otherwise seek legal advice for the correct process for compensation relating to unlawful eviction. More information can be found on the Tribunal’s official website.

If you are not sure which form applies to your case, contact the Tribunal or a free legal adviser for help completing the process.

The law protects renters from lock changes or eviction without process. Only a Tribunal eviction order allows a landlord to change the locks, and usually a Sheriff Officer carries this out.

Scottish Tenancy Law and Protection

Lock-changing by landlords is covered by several legal provisions, primarily:

• Private Housing (Tenancies) (Scotland) Act 2016
• Housing (Scotland) Act 1988 – Section 22: Unlawful Eviction
• Human rights protections under the Human Rights Act 1998

Landlords who do not follow these laws may face prosecution or be required to compensate renters for distress and rehousing costs.

FAQ: Dealing With Lock Changes and Illegal Eviction in Scotland

1. Is my landlord allowed to change the locks without warning?
   No. In Scotland, landlords must serve official notice and wait for a Tribunal eviction order. Changing locks without this process is almost always illegal.
2. What should I do if I'm locked out by my landlord?
   As soon as possible, gather evidence, contact your landlord in writing, and inform Police Scotland on 101. Seek help from your local council if you are left without accommodation.
3. Can I get back into my home after an illegal lock change?
   Yes. You may be able to seek an order from the First-tier Tribunal for Scotland to be reinstated to your home and potentially receive compensation.
4. Do I need legal advice to challenge a lock change?
   While not strictly required, getting expert help from Citizens Advice Scotland or a solicitor is highly recommended for the best outcome.
5. Does this advice apply to all types of Scottish tenancies?
   Most private residential tenants are protected. The process may differ for regulated or lodger (resident landlord) arrangements, so always check your tenancy type.

Key Takeaways for Scottish Renters

• Landlords cannot legally change locks or evict you without official process and Tribunal approval.
• If locked out, contact the police, gather evidence, and seek urgent assistance.
• You may be entitled to reinstatement in your home and compensation for unlawful eviction.

Knowing your rights ensures you stay protected during rental disputes or emergencies.

Need Help? Resources for Renters

• First-tier Tribunal for Scotland (Housing and Property Chamber) – For tenancy disputes, eviction challenges, and unlawful eviction claims
• Citizens Advice Scotland – Free, impartial legal advice and help with forms
• Illegal eviction guidance (mygov.scot) – Scottish Government official advice
• Police Scotland: 101 or scotland.police.uk
• Contact your local council's housing team for emergency accommodation

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1. Private Housing (Tenancies) (Scotland) Act 2016
2. First-tier Tribunal for Scotland (Housing and Property Chamber)

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