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?

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

[thumbnail of Combe-Robson-JR-2021-A-review-of-the-first-wrongful-termination-orders]
Preview
 Text. Filename: Combe_Robson_JR_2021_A_review_of_the_first_wrongful_termination_orders.pdf
Accepted Author Manuscript
Download (277kB)| Preview

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.

CORE (COnnecting REpositories)