Practical action

The first thing that tenants should do is keep a diary of events, this will aid them later on in proceedings. For example they may wish to notify the police of the landlord's behaviour or pursue the matter through the courts in a civil action for damages.

Tenants should write to their landlord to complain about the harassment. If the landlord is threatening to evict the tenant without following the correct legal procedures, they should be notified that they will be breaking the law should they continue with such a course of action. They should also be informed that in the event of an unlawful eviction the police will be contacted. If the harassment is severe then tenants should state that if the behaviour continues then they may be forced to take legal action in the form of an action for damages. The tenant should request that all communications be in writing and all letters sent to the landlord should be sent by recorded delivery. Tenants also have the option of asking an adviser or solicitor to write to their landlord on their behalf as well as requesting that all correspondence goes to the representative rather than the tenant him/herself.

Tenancy relations officers can mediate in disputes between landlord and tenant, but it is not a widespread practice in Scotland for local authorities to employ tenancy relations officers. However, many local authorities have officers who fulfil similar roles to tenancy relations officers as part of their homelessness prevention strategy. Clients could be advised to contact their local authority to see whether such an officer is employed.

If a landlord continues to threaten a tenant with unlawful eviction, or carries out an unlawful eviction, this should be reported to the police.

Unlawful evictions are a criminal matter. When reporting the matter to the police quote that Section 22 and 23 of the Rent (Scotland) Act 1984 make unlawful eviction and threats of unlawful eviction criminal offences. [1]

If the police are not handling the eviction as a criminal matter, an adviser can ask to speak to an inspector to reinforce that an unlawful eviction is a criminal offence.

The tenant can submit a complaint to Police Scotland if the police fail to take any action. The tenant will be asked to:

• describe what happened

• name the officers or staff members they spoke to

• give a time and place relating to the complaint

If the behaviour of the landlord is sufficiently severe and the tenant has experienced loss or damage as a result of their landlord's actions then they could instruct a solicitor to pursue an action for damages. A solicitor will also be able to write to the landlord on the tenant's behalf to inform him/her of the law relating to unlawful eviction and harassment.