Housing (Scotland) Act 2025
2025 asp 13
Crown Application
Part 2 – Dealing With Evictions
Payments for wrongful termination
Section 34 - Payments for wrongful termination
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.
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