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Scotland

Legal remedies for landlord harassment

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

This content applies to Scotland

Legal remedies for unlawful eviction

Legal remedies can include:

  • reporting the matter to the police, who will pass it to the procurator fiscal to decide whether to prosecute

  • obtaining an interdict to stop the harassment

  • raising an action for specific implement to enable them to regain access to the property

  • applying to the court for a non-harassment order [1]

  • claiming compensation.

Advisers should be aware that there might be many reasons why a tenant may not wish to pursue a legal remedy. At the conclusion of any legal proceedings, the tenant will probably still have the same landlord. Advisers should explain both the civil and criminal remedies. It is possible for a tenant to pursue a claim for damages in the sheriff court at the same time as the landlord is being prosecuted.

Last updated: 29 January 2020

Footnotes

  • [1]

    s.8 Protection from Harassment Act 1997