Part 2Dealing with evictions

Payments for wrongful termination

34Payments for wrongful termination

(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—

(a)

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

(b)

£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.”.