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
Number of pages17
JournalJuridical Review
Publication statusAccepted/In press - 29 May 2021

Keywords

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

Fingerprint

Dive into the research topics of '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?'. Together they form a unique fingerprint.

Cite this