You are here: Private tenant advice and support
Private Tenant Advice and Support
Harassment and Illegal Eviction
North Ayrshire has many private landlords who offer a good choice of properties for rent.
However, there are some landlords who act in a less professional manner which, in some cases, may be due to a lack of knowledge about their responsibilities towards their tenants.
If you are 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 properties. 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(PDF 148Kb) provides full details of the rights of private tenants in this area.
If your landlord attempts to physically remove you from the property, they are 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 your local police office.
For more information, contact your Area Housing Office.