http://www.legislation.gov.uk/asp/2025/13/notes/division/4/2Explanatory Notes to Housing (Scotland) Act 2025Scottish GovernmentenKing's Printer for Scotland2026-04-16 13 6 November 2025 94 Under section 51 of the 2016 Act, the Tribunal may issue an eviction order against a tenant under a PRT if, on application by the landlord, it finds that an eviction ground applies. The tenancy comes to an end on the day specified in the eviction order. 95 Section 28 of the 2025 Act inserts new section 51A into the 2016 Act. This new section provides that the Tribunal must, when specifying in an eviction order the day when a tenancy comes to an end, consider if it would be reasonable to delay the ending of the tenancy. In doing so, the Tribunal may consider if the absence of a delay would cause the tenant, the tenant’s household or the landlord financial hardship or have certain other detrimental effects. 96 The Tribunal may consider, for example, whether disruption caused by the ending of a tenancy during exam periods for school-aged children or University students would have a detrimental effect on the health of the tenant or a member of the tenant’s household and, accordingly, whether it would be reasonable to delay the ending of the tenancy. Periods of religious observance and some traditional festive periods could also result in a tenant or a member of the tenant’s household experiencing heightened physical, emotional or financial stresses. The Tribunal may also therefore consider, for example, whether the ending of a tenancy during or around any such period might cause the tenant or a member of the tenant’s household to experience financial hardship or have a detrimental effect the individual’s health and, accordingly, whether it would be reasonable to delay the ending of the tenancy. The Tribunal may also decide that it is reasonable in the circumstances to delay the ending of the tenancy for other reasons. 97 This duty to consider a delay does not apply if the eviction ground is based only on one or more of the eviction grounds named in section 51A(5)(a) to (c). These eviction grounds are that the tenant is not occupying the let property as the tenant’s home, that the tenant has a relevant conviction, and that the tenant has engaged in relevant anti-social behaviour. Each paragraph refers to the ground of that name in schedule 3 of the 2016 Act (see definition of “eviction ground” in section 78(1) of the 2016 Act). 98 A sheriff court, when making an order under section 16(2) or 36(5) of the 2001 Act for the recovery of possession of a house that is let to a tenant under a Scottish secure tenancy or a short Scottish secure tenancy, must specify the date when the right to recover possession takes effect. (See also section 34(6) and 36(7) of the 2001 Act as regards the application of section 16(2) of that Act to “short Scottish secure tenancies”, and the meaning given in section 111 of that Act.) 99 Section 29 of the 2025 Act inserts new sections 16A and 36A into the 2001 Act. These new sections provide that the court must, when specifying in an order for recovery of possession the date when the right to recover possession takes effect, consider if it would be reasonable to delay the right to recover possession. In doing so, the court may consider if the absence of a delay would cause the tenant or the tenant’s household financial hardship or have certain other detrimental effects. The examples given in paragraph 96 of these Notes are relevant here too. The duty to consider a delay under each section does not apply if the right to recover possession is based only on one or more of the grounds mentioned in subsection (5) of the section. 100 This section inserts new section 20A into the 1988 Act. This new section provides that the Tribunal must, when making an order for possession of a house that is let to a tenant under assured tenancy, consider if it would be reasonable to postpone the right to possession for a period. In doing so, the Tribunal may consider if the absence of any such postponement would cause the tenant, the tenant’s household or the landlord financial hardship or have certain other detrimental effects. The examples given in paragraph 96 of these Notes are relevant here too. The duty to consider postponing the right does not apply if the ground for possession is based only on one or more of the grounds mentioned in section 20A(5). 101 This section inserts new section 12ZA into the 1984 Act. This new section provides that the Tribunal must, when making an order for possession of a house that is let to a tenant under a protected tenancy or a statutory tenancy, consider if it would be reasonable to postpone the right to possession for a period. In doing so, the Tribunal may consider if the absence of a postponement would cause the tenant, the tenant’s household or the landlord financial hardship or have certain other detrimental effects. The examples given in paragraph 96 of these Notes are relevant here too. The duty to consider postponing the right does not apply if the ground for possession is based only on the ground mentioned in section 12ZA(5). 102 Section 36 of the 1988 Act provides that, where a landlord or any person acting on the landlord’s behalf unlawfully deprives a residential occupier of premises from occupying the premises, the landlord is liable to pay the occupier damages in respect of the loss of the right to occupy them. Any action to enforce this liability must be raised in the Tribunal unless the occupant’s claim relates to a Scottish secure tenancy, in which case court proceedings may be raised instead. 103 Section 32 of the 2025 Act amends the 1988 Act so that these damages are to be determined in accordance with a new section 37. This new section provides that the court or, as the case may be, the Tribunal may award damages of between 3 and 36 months’ times the “relevant sum”. The award may be less than 3 months’ times the relevant sum but only if the court or Tribunal considers it appropriate in all the circumstances. The relevant sum is the higher of one month’s rent or £840. A regulation-making power is also conferred on the Scottish Ministers to modify the baseline amount (currently set at £840). Regulations may not be made under this power unless a draft of the regulations has been laid before, and approved by, the Scottish Parliament. 104 This section requires the Scottish Ministers to complete a review of schedule 3 of the 2016 Act (eviction grounds) within the period of two years beginning with the day after Royal Assent. On completing the review, they must also publish and lay a report before the Scottish Parliament. The report must include a statement of the action (if any) that the Scottish Ministers intend to take as a result of the review. 105 Sections 57 to 59 of the 2016 Act provide that the Tribunal may make a wrongful-termination order if it finds, on application, that the Tribunal was misled into issuing an eviction order by a former landlord (under a tenancy that has ended) or that a former tenant was misled into ceasing to occupy a let property by the tenant’s former landlord. The order may require the former landlord to pay the applicant an amount not exceeding 6 months' rent. 106 Section 34 of the 2025 Act amends the 2016 Act so that the Tribunal may instead require the former landlord to pay an amount of between 3 and 36 months’ times the “relevant sum”. The award may be less than 3 months’ times the relevant sum but only if the Tribunal considers it appropriate in all the circumstances. The relevant sum is the higher of one month’s rent or £840. A regulation-making power is also conferred on the Scottish Ministers to modify the baseline amount (currently set at £840). Regulations may not be made under this power unless a draft of the regulations has been laid before, and approved by, the Scottish Parliament.