Part 2

Dealing with evictions

Evictions: duties to consider delay

Private residential tenancies: duty to consider delay to eviction
28
1
The 2016 Act is modified as follows.
2
After section 51 insert—

Eviction orders: duty to consider delay
51A
1
When specifying in an eviction order the day on which a tenancy is to end, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to specify a day that has the effect of delaying the bringing of the tenancy to an end (but see subsection (5)).
2
The Tribunal may consider in particular—
a
whether bringing the tenancy to an end without a period of delay would—
i
cause the tenant or a member of the tenant’s household to experience financial hardship,
ii
have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
iii
have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,
b
whether a period of delay in bringing the tenancy to an end would—
i
cause the landlord to experience financial hardship,
ii
have a detrimental effect on the health of the landlord, or
iii
have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and
c
whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b).
3
In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.
4
For the purposes of subsections (1) and (2), the Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay the bringing of the tenancy to an end.
5
Subsection (1) does not apply if the Tribunal is satisfied that the only grounds established for the eviction order are one or more of the following eviction grounds—
a
that the tenant is not occupying the let property as the tenant’s home,
b
that the tenant has a relevant conviction,
c
that the tenant has engaged in relevant anti-social behaviour.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the Tribunal.
.

Scottish secure tenancies etc.: duty to consider delay to eviction
29
1
The Housing (Scotland) Act 2001 is modified as follows.
2
After section 16 insert—

Orders for possession: duty to consider delay
16A
1
When appointing a date for recovery of possession of a house in an order under section 16(2), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)).
2
The court may consider in particular—
a
whether giving the landlord the right to recover possession without a period of delay would—
i
cause the tenant or a member of the tenant’s household to experience financial hardship,
ii
have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
iii
have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,
b
whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a).
3
In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.
4
For the purposes of subsections (1) and (2), the court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession.
5
Subsection (1) does not apply if the court is satisfied that the only grounds established for the order for recovery of possession are one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the court.
.
3
After section 36 insert—

Recovery of possession: duty to consider delay
36A
1
When appointing a date for recovery of possession of a house in an order under section 36(5), the court must consider whether it would be reasonable in the circumstances to appoint a date that delays the effect of giving the landlord the right to recover possession of the house (but see subsection (5)).
2
The court may consider in particular—
a
whether giving the landlord the right to recover possession without a period of delay would—
i
cause the tenant or a member of the tenant’s household to experience financial hardship,
ii
have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
iii
have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,
b
whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a).
3
In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.
4
For the purposes of subsections (1) and (2), the court must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to delay giving the landlord the right to recover possession.
5
Subsection (1) does not apply if the court is satisfied that the only reasons established for the order for recovery of possession are comparable to one or more of the grounds set out in paragraphs 2, 5, 7, 8 and 15A of schedule 2.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the court.
.

Assured tenancies: duty to consider delay to eviction
30
1
The Housing (Scotland) Act 1988 is modified as follows.
2
After section 20 insert—

Orders for possession: duty to consider delay
20A
1
On the making of an order for possession of a house let on an assured tenancy, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to postpone the date of possession of the house for a period (but see subsection (5)).
2
The First-tier Tribunal may consider in particular—
a
whether, if the date of possession were not postponed for a period, the order for possession would—
i
cause the tenant or a member of the tenant’s household to experience financial hardship,
ii
have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
iii
have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,
b
whether postponing the date of possession for a period would—
i
cause the landlord to experience financial hardship,
ii
have a detrimental effect on the health of the landlord, or
iii
have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and
c
whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b).
3
In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.
4
For the purposes of subsections (1) and (2), the First-tier Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to postpone the date of possession.
5
Subsection (1) does not apply if the First-tier Tribunal is satisfied that the only ground established for the order for possession is Ground 15 in Part 2 of schedule 5.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the First-tier Tribunal.
7
Regulations under subsection (6) are subject to the affirmative procedure.
.

Protected tenancies and statutory tenancies: duty to consider delay to eviction
31
1
The Rent (Scotland) Act 1984 is modified as follows.
2
After section 12 insert—

Orders for possession: duty to consider delay
12ZA
1
On the making of an order for possession of a dwelling-house which is let on a protected tenancy or subject to a statutory tenancy, the First-tier Tribunal must consider whether it would be reasonable in the circumstances to postpone the date of possession of the dwelling-house for a period (but see subsection (5)).
2
The First-tier Tribunal may consider in particular—
a
whether, if the date of possession were not postponed for a period, the order for possession would—
i
cause the tenant or a member of the tenant’s household to experience financial hardship,
ii
have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
iii
have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability or terminal illness,
b
whether postponing the date of possession for a period would—
i
cause the landlord to experience financial hardship,
ii
have a detrimental effect on the health of the landlord, or
iii
have another detrimental effect on the landlord due to the landlord having a disability or terminal illness, and
c
whether a seasonal factor would contribute to any financial hardship or detrimental effect mentioned in paragraph (a) or (b).
3
In subsection (2), “disability” is to be construed in accordance with section 6 of the Equality Act 2010.
4
For the purposes of subsections (1) and (2), the First-tier Tribunal must give the tenant and the landlord an opportunity to make representations about whether it would be reasonable to postpone the date of possession.
5
Subsection (1) does not apply if the First-tier Tribunal is satisfied that the only ground established for the order for possession are the circumstances specified in Case 2 of Part 1 of schedule 2.
6
The Scottish Ministers may by regulations modify this section as regards the matters that may be considered by the First-tier Tribunal.
7
Regulations under subsection (6) may make—
a
different provision for different purposes,
b
incidental, supplementary, consequential, transitional, transitory or saving provision.
8
Regulations under subsection (6) are subject to the affirmative procedure.
.

Damages for unlawful eviction

Unlawful eviction: notification and damages
32
1
The Housing (Scotland) Act 1988 is modified as follows.
2
In section 36 (damages for unlawful eviction)—
a
in subsection (3), for “assessed on the basis set out in” substitute “determined in accordance with”,
b
subsection (6B) is repealed,
c
after subsection (7) insert—
7A
Where the court makes an order awarding damages to a former residential occupier by virtue of subsection (3), the court must send a copy of the order to—
a
the chief constable of the Police Service of Scotland, and
b
the Scottish Housing Regulator.
7B
Where the First-tier Tribunal makes an order awarding damages to a former residential occupier by virtue of subsection (3), the First-tier Tribunal must send a copy of the order to—
a
the chief constable of the Police Service of Scotland, and
b
any local authority with which the landlord (or where there is more than one, each of them) is required to be registered as a landlord.
7C
For the purpose of subsection (7B), a person is registered as a landlord with a local authority if the person is entered in the register prepared and maintained by the local authority for the purpose of Part 8 of the Antisocial Behaviour etc. (Scotland) Act 2004.
,
d
in subsection (8), in the opening words, after “section” insert “and section 37”.
3
For section 37 (the measure of damages) substitute—

Determination of damages
37
1
For the purpose of section 36(3), the damages that the court or, as the case may be, the First-tier Tribunal may determine as payable are 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 unlawful eviction and the impact that it has had on the former residential occupier.
2
But, the court or, as the case may be, the First-tier Tribunal may reduce the amount of damages that would otherwise be payable under subsection (1), 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.
3
Where two or more persons jointly were the landlord, the court or, as the case may be, the First-tier Tribunal may determine that—
a
damages are payable by all, some or only one of the former landlords,
b
each former landlord must pay a specified amount of damages, but the cumulative total of each of the amounts must not exceed 36 times the relevant sum, or
c
the former landlords are jointly and severally liable in respect of the whole amount of damages payable.
4
In this section—
- “relevant sum”, in relation to the premises in question, means—
  1. the amount of one month’s rent, or
  2. £840 if that is a higher amount,
- “rent”, in relation to the premises in question, means—
  1. except in a case mentioned in paragraph (b), the amount (if any) that was payable in rent in connection with the right to occupy the premises (whether under a contract or otherwise) immediately before the landlord became liable to pay the former residential occupier under section 36(3), or
  2. in a case where two or more persons jointly were liable to pay the amount mentioned in paragraph (a) immediately before the liability arose, that amount divided by the number of such persons.
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.
6
Regulations under subsection (5) are subject to the affirmative procedure.
.

Eviction grounds

Review of eviction grounds
33
1
The Scottish Ministers must conduct a review of schedule 3 (eviction grounds) of the 2016 Act.
2
The review must be completed within the period of two years beginning with the day after Royal Assent.
3
On completing the review, the Scottish Ministers must publish and lay a report before the Scottish Parliament.
4
The report under subsection (3) must include a statement of the action, if any, the Scottish Ministers intend to take as a result of the review.

Payments for wrongful termination

Payments for wrongful termination
34
1
The 2016 Act is modified as follows.
2
In section 59 (wrongful-termination order)—
a
in subsection (1), for “not exceeding six months’ rent” substitute “determined by the First-tier Tribunal in accordance with subsections (1A) and (1B)”,
b
after subsection (1) insert—
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.
,
c
in subsection (3)(b), for “six months’ rent” substitute “36 times the relevant sum”,
d
in subsection (4), for “subsections (1) and (3)(b),” substitute “this section—
- “relevant sum” means—
  1. the amount of one month’s rent payable under the tenancy, or
  2. £840 if that is a higher amount,
,
e
after subsection (4) insert—
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.
.
S. 28 not in force at Royal Assent, see s. 86(2)
S. 29 not in force at Royal Assent, see s. 86(2)
S. 30 not in force at Royal Assent, see s. 86(2)
S. 31 not in force at Royal Assent, see s. 86(2)
S. 32 not in force at Royal Assent, see s. 86(2)
S. 33 not in force at Royal Assent, see s. 86(2)
S. 34 not in force at Royal Assent, see s. 86(2)