What rights do tenants have?

Private Residential Tenancies protect tenants from unfair evictions as a landlord must adhere to the following rules: 

• They can only evict you for a specified reason
• They must give you written notice, the notice period varies depending on why you're being evicted and how long you have lived in the property
• Landlords can only recover possession through court proceedings

If you think you are being evicted unfairly, you will have the opportunity to defend your eviction through a tribunal. See Citizens Advice Scotland for more information.

EVICTION CHANGES DUE TO THE COST OF LIVING (TENANT PROTECTION) (SCOTLAND) ACT 2022

There are temporary rules which mean that landlords cannot enforce a notice except in certain circumstances. This means that they can still give you notice to leave but it cannot be enforced in court unless the landlord seeks possession under certain grounds. 

This is temporary legislation in force until September 2023, when it may be extended again. 

Last updated: March 2023 

• Your landlord must give you four weeks notice if the tenancy has been in existence for up to 12 months
• Your landlord must give you eight weeks notice if the tenancy has been in existence for over 12 months but under 10 years
• Your landlord must give you 12 weeks notice if the tenancy has been in existence for over 10 years
• Landlords cannot harass you or try to force you out of a property without a court order.

Visit the NI Direct website for more information.

Unlawful Evictions 

Under Article 54 of the Rent (Northern Ireland) Order 1978, it is illegal to attempt to force a tenant out of a property, including withholding services that a tenant requires to live there. If a tenancy contract comes to an end and a tenant refuses to leave the property, then the landlord must hire legal representation who will apply for a court ejectment hearing. 

 

Court procedures 

There are only a few instances when a tenant can be evicted, these include: 

• The contract has come to an end  

• The tenant has breached the contract  

• The signed Tenancy Agreement has a clause that allows the landlord to end the contract early and provides specific reasons for doing so 

The court must be satisfied that one of these conditions has been met but may allow the tenant to stay in the property if they are not satisfied breaches of the contract are severe enough or that the terms within the Tenancy Agreement to end the tenancy early were fair.  

In most cases a landlord must give 6 months' notice to the tenant (contract-holder) to repossess the property.

There are some cases where a landlord can end a contract without a possession claim (this means without going to court)

Tenants (contract-holders) have a right to review a possession notice within 14 days of receiving the notice.

If a landlord has failed to meet their requirements under the Renting Homes (Wales) Act, they won't be able to provide a tenant (contract-holder) with notice until they are met.

Landlords cannot harass you, or try to force you out of a property without a court order.

In order to prevent unfair rent increases, there is a strict legal process that governs when landlords can increase your rent:

• Rent can only be increased once a year
• Your landlord must supply you with a Rent Increase Notice which includes a three-month period before the increase can take place

If you feel the rent increase is unfair, you can apply to Rent Service Scotland within 21 days of receiving the notice. A rent officer will look at your case and make a decision within 40 days.

In order to prevent unfair rent increases, landlords must abide by the following rules: 

• Rent increases must be fair
• They must notify you before increasing the rent
• If you're on a fixed-term tenancy, your landlord must give you at least 28 days written notice and explain within the contract when rent can be increased, as well as how the increase will be calculated.
• If you are on a periodic tenancy, your rent can be increased at the end of your rental period when you pay rent
• Tenants have the right to cancel their tenancy agreement without penalty if no agreement can be reached

If you feel the rent increase is unfair, you should first speak to your landlord and try to come to an agreement. If you can not come to an agreement, you can ask a tribunal to decide for you. Visit the Citizens Advice website for more information.