Part 2

Dealing with evictions

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subsection (6B) is repealed,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.
.