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.
|Number of pages||15|
|Publication status||Accepted/In press - 29 May 2021|
- wrongful-termination orders
- private housing
- tenancies Scotland