Shelter Legal - Scotland
The essential online guide to law for housing professionals
Housing options
This section looks at the different housing options that may be available in Scotland. It also outlines the range of options available to specific groups with particular needs.
Homelessness
This section explains the laws surrounding homelessness in Scotland and looks at the factors that need to be considered.
Security of tenure
This section looks at the different tenancy types and occupation status that someone may have and what impact this will have on her/his security of tenure. It also looks at leases and the ways in which a tenancy can transfer from one person to another.
Rents
This section looks at what is meant by rent and the different systems that may apply when rent is set or increased. It also discusses the housing benefit system.
Benefits and Money
This section looks at the various benefits intended to help pay for housing costs.
Harassment and unlawful eviction
This section looks at the law covering harassment and unlawful eviction and the remedies that are available. It also covers harassment by someone other than the landlord, and antisocial behaviour.
Home ownership
This section looks at some aspects of home ownership. It outlines the steps to take if facing difficulties in repaying a mortgage. It looks at the legal procedures that a lender must follow if a property is to be repossessed and the action an owner can take at this stage. It also discusses shared and low cost ownership schemes.
Housing conditions
This section covers rights and duties in relation to disrepair and the remedies available when the necessary action is not taken. It looks at issues relating to bad housing and the specific arrangements that exist for houses in multiple occupation. It also covers improvement and repair grants.
Relationship breakdown
This section deals with housing rights when a relationship has ended. It covers rented properties and home ownership. There is also a section on housing and domestic abuse.
Courts and legal action
This section covers the structure of the legal system in Scotland and the different types of action that a landlord can take to repossess a property.
The eviction ban and rent cap
The Cost of Living (Tenant Protection) (Scotland) Act 2022 temporarily imposes an eviction ban, an increase in damages for unlawful eviction and a rent cap