PART 5Termination

CHAPTER 3Termination at landlord's instigation

Wrongful termination

59Wrongful-termination order

(1)

In this section and in sections 57, 58 and 60, “a wrongful-termination order” means an order requiring the person who was the landlord under the tenancy immediately before it ended to pay the person who made the application for the wrongful-termination order an amount F1determined by the First-tier Tribunal in accordance with subsections (1A) and (1B).

F2(1A)

The amount that the First-tier Tribunal may determine as payable is to be an amount that is—

(a)

not less than 3 times the relevant sum, and

(b)

not more than 36 times the relevant sum,

taking into account the manner of the wrongful termination and the impact that it has had on the person who made the application for the wrongful-termination order.

(1B)

But the First-tier Tribunal may reduce the amount that would otherwise be payable under subsection (1A), including to an amount lower than 3 times the relevant sum, if it considers it appropriate to do so having regard to all the circumstances of the case.

(2)

Subsection (3) applies where––

(a)

the First-tier Tribunal intends to make a wrongful-termination order under section 57 or 58, and

(b)

two or more persons jointly were the landlord under the tenancy in question immediately before it was brought to an end.

(3)

The Tribunal may make a wrongful-termination order––

(a)

against all, some, or only one of the former joint landlords,

(b)

stating that each person against whom the order is made is liable to pay a specified amount, but the cumulative total of each of the specified amounts must not exceed F336 times the relevant sum,

(c)

stating that each person against whom the order is made is jointly and severally liable for the whole amount to be paid.

(4)

In F4this section—

  • “relevant sum” means—

    1. (a)

      the amount of one month’s rent payable under the tenancy, or

    2. (b)

      £840 if that is a higher amount,

  • “rent” means––

    1. (a)

      the amount that was payable in rent under the tenancy immediately before it ended, or

    2. (b)

      in a case where two or more persons jointly were the tenant under the tenancy immediately before it ended, the amount mentioned in paragraph (a) divided by the number of persons who were at that time joint tenants under the tenancy.

F5(5)

The Scottish Ministers may by regulations modify the definition of “relevant sum” in subsection (4) so as to substitute a different amount for the one for the time being specified in paragraph (b) of the definition.