Remedies for harassment and unlawful eviction

This section looks at the remedies that residential occupiers have if they are harassed or unlawfully evicted by their landlord or their landlord's agents.

Practical action

There are practical steps that tenants can take to challenge harassment and/or unlawful eviction. 

Re-entry after an unlawful eviction

In some situations, it may be possible for an unlawfully evicted tenant to regain possession. 

Legal remedies

If negotiations with the landlord to stop the harassment or prevent an eviction have failed, tenants could consider pursuing a remedy using the courts. 

Taking legal action in the civil court

Harassed and/or unlawfully evicted tenants can use the civil court (sheriff court) to obtain an interdict to stop the harassment, or to raise an action to be reinstated in their home and/or for damages as compensation for their landlord's actions. 

Non-harassment orders

The Protection from Harassment Act 1997 introduced new legal protection for individuals suffering from harassment by third parties. 

Damages

This section outlines the legislation that supports claims for damages. 

Criminal action

A number of legislative provisions provide criminal sanctions for harassment and unlawful eviction. 

This content applies to Scotland

Last updated: 29 December 2014