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Landlord hit with first-ever Wrongful Termination Order

The first case of a landlord breaching new tenancy rules in Scotland has resulted with him being issued a ‘Wrongful Termination Order’.

All grounds for eviction in Scotland are now discretionary following a mix of long-term policy changes introduced by the Scottish Government, and shorter term measures introduced because of the Coronavirus crisis.

The landlord and tenant had a difficult relationship and the landlord provided the tenant with a Notice To Leave, stating that the landlord and family wanted to move into and occupy the rental accommodation as their main home.

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This was opposed by the tenant arguing that it was not credible that the landlord genuinely wanted to move out of a three bed property and move to a one-room studio. Even so, the First Tier Tribunal in Scotland had agreed to the eviction. 

However, the tenant found that the studio was subsequently refurbished and re-let. The former tenant then applied again to the tribunal for a Wrongful Termination Order. 

The tribunal concluded that the landlord had misled when the eviction order was granted and determined that the tenant was entitled to the Wrongful Termination Order because of the earlier misleading information, and it awarded the tenant £1,350, equivalent to three times the monthly rent under the original tenancy agreement.

 

 

In Scotland there is an eviction ban in that country’s Tier 3 and 4 areas until March 31 - the ban applies to sheriff officers’ enforcement, and there are exceptions as in England and Wales, applying to criminal or antisocial behaviour.

Longer term changes introduced by the Private Housing (Tenancies) (Scotland) Act 2016 and subsequent amendments mean tenants have more protection than previously, including no more fixed term tenancies, controls on rent increases, longer notice periods and a new (but not compulsory) model tenancy agreement. 

  • James B

    I’d happily risk a £1350 fine to get rid of an idiot if I had one in my property

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    I did do so 25 yrs ago, bought a property (cheaply) tenanted, cost me £1000 then, and was worth every last penny to get rid of the low life.

     
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    Subsequently refurbished. Kind of fills in the blanks with why he wanted the tenant to move on.

    James B

    These stories never tell the full picture .. they could have been lunatics or drug addict or anything but nobody in media posts negative stuff about tenants just landlords get the hammering

     
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    This is the first occurrence after the New rules came in 4 years ago - hardly a pressing problem to be dealt with then! The landlord has been fined for evicting a tenant who stood in the way of the property being improved and let to tenants wanting or needing such an improved property!

    The Scottish housing stock will deteriorate if landlords are prevented from upgrading them by such tenants. Yet another example of unintended consequences from SNP dogma!

    I heard an example a few weeks ago of a lady who bought a 2 bedroom ground floor flat for her invalid brother to move into (from care) with a live in carer. She let it out short term on the basis that the tenant would move out when her brother was able to leave the care home.

    The tenant now refuses and the lady cannot evict him, so the brother continues to live in care at the taxpayer's expense. The lady has decided to sell the flat and the tenant will need to get out then, but it's illegal for her to cancel the sale and let her brother occupy it!

    This is the reality in SNP Scotland where fixed term tenancies are now banned - coming to somewhere near you soon!

  • icon

    snp=nazis--supported ah

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