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Cost of Living (Tenant Protection) (Scotland) Act 2022

Unlawful eviction: notification and determination of damages etc.

82.Paragraphs 7 and 8 of schedule 2 make provision for the determination of damages where a tenant has been unlawfully evicted. This applies to unlawful evictions taking place on or after the commencement of the Act. Such a determination may be for an amount that is not less than 3 months’ rent and not more than 36 months’ rent but which may be reduced to an amount of less than 3 months’ rent if the court or First-tier Tribunal considers that to be appropriate. The provisions also place a requirement on the First-tier Tribunal to inform the police and local authorities when an order is made. In the case of a social landlord, the sheriff court is required to inform the Scottish Housing Regulator when an order is made.

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