Harassment and Illegal Eviction
As a tenant of a privately let residential property, the law
protects you against harassment and unlawful eviction. It
does this in two ways;
- by making harassment and unlawful eviction criminal
offences
- by enabling someone who is harassed or evicted to claim damages
through the courts
The law against harassment applies to all people living in
residential property. This means that you are protected by
the law whether you have a full tenancy or some other right of
occupation or occupancy agreement. It applies if your
landlord personally harasses or evicts you unlawfully, or if
somebody else does it on his or her behalf.
The Scottish Government Booklet - 'Protection against
Harassment and Unlawful Evictions' provides full details of the
rights of private tenants in this area.
If your landlord attempts to physically remove you from the
property, he is committing a criminal offence, regardless of the
circumstances. Landlords must follow a formal legal process
to recover possession of their property and if the tenant does not
leave voluntarily, the landlord must obtain Decree for Eviction
from the Sheriff Court. If the landlord obtains a Decree, the
actual eviction will be undertaken by Sheriff Officers.
If your landlord has physically removed you from your rented home,
you should report the matter to Tayside Police by calling 01738
621141.
