A review of the first wrongful-termination orders made under the Private Housing (Tenancies) (Scotland) Act 2016: do they sufficiently protect those misled into giving up a tenancy?

Malcolm M Combe, Peter Robson

Research output: Contribution to journalArticlepeer-review

Abstract

Many aspects of the landlord and tenant relationship are regulated in the residential context, not least the end of the relationship. Where such a legal relationship has been brought to an end in circumstances that were artificially engineered by a landlord (and as such the landlord was not actually entitled to recover possession), Scotland's prevailing private sector residential letting regime provides a means to penalise that landlord. A tenant – or rather a former tenant – can apply to a tribunal for something known as a "wrongful-termination order" in such circumstances. When granted, a WTO requires that the former landlord pay the former tenant a sum of money. This note considers the instances where a WTO has been obtained and suggests there have been other situations where former tenants have been unfortunate to miss out on some form of legal remedy.
Original languageEnglish
Pages (from-to)88-102
Number of pages15
JournalJuridical Review
Publication statusAccepted/In press - 29 May 2021

Keywords

  • wrongful-termination orders
  • private housing
  • tenancies Scotland
  • landlord
  • tenant
  • tribunal

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