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?

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Combe, Malcolm M and Robson, Peter (2021) 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? Juridical Review, 2021 (2). pp. 88-102. ISSN 0022-6785

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Abstract

This article provides the first academic analysis of the emerging First-tier Tribunal (Housing and Property Chamber) jurisprudence on wrongful-termination orders, which are available under the Private Housing (Tenancies) (Scotland) Act 2016 when a landlord has obtained possession of a let property but it later transpires the circumstances did not align with a statutory ground for possession. It argues that tenants are facing significant hurdles in terms of unlocking wrongful-termination orders. It also notes that the interaction of wrongful-termination orders and the alternative route to damages for unlawful eviction of a residential occupier under the Housing (Scotland) Act 1988 requires consideration, to ensure those who have been faced with dubious conduct by a former landlord are not left without any route to recourse.

ORCID iDs

Combe, Malcolm M ORCID logoORCID: https://orcid.org/0000-0002-1711-9150 and Robson, Peter ORCID logoORCID: https://orcid.org/0000-0003-0699-8169;
CORE (COnnecting REpositories)