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.
