Illegal evictions target of Shelter Scotland campaign

Illegal evictions in Scotland cost hundreds of families their homes every year. The victimisation of poor tenants is being targeted by Shelter Scotland in a national campaign that launches today.

The primary effort is to educate tenants and landlords alike of their rights and responsibilities throughout a tenancy. By informing more people about the proper way to manage the relationship, the hope is that fewer situations will arise where a landlord breaches the law to force out a tenant who is behind on rent.

Can a landlord change the locks?

Some tenants complain that when they returned home that the locks were changed. All of their belongings were behind locked doors and they had no way to collect them.

Furthermore, there was no place for them to go. Without adequate warning, they were on the streets with no clothes and no address to call home.

Landlords cannot surreptitiously change the locks while a tenant is out. They must follow the law that dictates that due process is followed so that tenants have proper warning of the possible consequences of falling into arrears.

Can a landlord turn off the gas, electricity and water?

Another trick of the vindictive landlord is to turn off utility connections to a home. It is a method for forcing out unwanted tenants.

The action is illegal. No landlord may disconnect utilities as a tool for removal of the occupants. In addition to the action infringing on the rights of tenants, it can lead to health issues or sanitation problems if a household is suddenly without necessary utilities.

Can a landlord intimidate or threaten harm?

Intimidation including threats of violence is illegal from any person, especially a landlord. It cannot happen. Landlords cannot intimidate tenants to leave the premises.

What landlords can do is to provide proper written notice under the law that advises those in arrears of upcoming consequences. A notice may describe a court order being sought to legally remove the tenants from the home.

What happens if a tenant is in arrears?

Any tenant in arrears should consider meeting with a free money advice service. These charities have offices in most districts, making it easy to schedule an appointment with an adviser to work with budget and debt problems.

Another great resource is Shelter Scotland which is the charity that is launching the campaign against illegal evictions. Shelter provides several regional offices to help tenants deal with issues ranging from illegal evictions to bona fide hardships.

In some cases an adviser is able to assist with locating grants and applying for them on behalf of the tenant. They may be able to facilitate a Council grant. It is even possible for them to intervene and mediate a dispute with a landlord to seek a positive solution for all parties.

The campaign is intended to benefit both tenants and landlords through education and sharing of resources. The Scottish Association of Landlords has backed the campaign, stating publicly that they benefit when criminal landlords are removed from the industry.