102.Section 36 of the 1988 Act provides that, where a landlord or any person acting on the landlord’s behalf unlawfully deprives a residential occupier of premises from occupying the premises, the landlord is liable to pay the occupier damages in respect of the loss of the right to occupy them. Any action to enforce this liability must be raised in the Tribunal unless the occupant’s claim relates to a Scottish secure tenancy, in which case court proceedings may be raised instead.
103.Section 32 of the 2025 Act amends the 1988 Act so that these damages are to be determined in accordance with a new section 37. This new section provides that the court or, as the case may be, the Tribunal may award damages of between 3 and 36 months’ times the “relevant sum”. The award may be less than 3 months’ times the relevant sum but only if the court or Tribunal considers it appropriate in all the circumstances. The relevant sum is the higher of one month’s rent or £840. A regulation-making power is also conferred on the Scottish Ministers to modify the baseline amount (currently set at £840). Regulations may not be made under this power unless a draft of the regulations has been laid before, and approved by, the Scottish Parliament.
Crown Application Damages for unlawful eviction Section 32 - Unlawful eviction: notification and damages