Ending a private tenancy can be a difficult and uncertain experience, particularly when a landlord gives a reason for asking a tenant to leave. Scottish housing law includes protections for tenants who have been misled in the process, with the First-tier Tribunal responsible for deciding whether those protections apply.
This guide explains the wrongful-termination payment rules in Scotland, the circumstances in which a tenant may be able to apply, and how the changes introduced by the Housing (Scotland) Act 2025 affect the amount the Tribunal can award.
The wrongful-termination payment rules changed on 6th October 2026
Previous rules
Up to 6 months’ rent
New rules from 6th October 2026
3× to 36×
The relevant sum, with the Tribunal deciding the amount based on the circumstances and impact.
A wrongful-termination order applies when a tenant has been misled
What is it?
A Tribunal order requiring a former landlord to pay a former tenant where the legal test for wrongful termination is met.
Example
A landlord says the property will be sold. The tenant leaves, but the landlord does not sell and instead rents it to someone else.
Not every tenancy ending qualifies. The tenant must meet the specific legal test.
The Tribunal can award between three and 36 times the relevant sum
Previous maximum
6 months’ rent
How the relevant sum is worked out
Monthly rent OR £840
Use whichever amount is higher.
Tribunal award
3× to 36×
The Tribunal considers how the tenant was misled and the impact on them. A lower award is possible where appropriate.
Remember: The calculation uses the higher of monthly rent or £840. The Tribunal decides the final award.
Worked examples show how the £840 minimum affects the calculation
Example 1 · Monthly rent £900
£2,700 to £32,400
Relevant sum: £900
Example 2 · Monthly rent £700
£2,520 to £30,240
Relevant sum: £840, because the minimum is higher than the rent.
A lower award remains possible where appropriate.
The statutory test determines whether a tenant can claim
The law covers two broad situations
The landlord misleads the tenant into giving up the tenancy.
The landlord misleads the Tribunal into granting an eviction order that should not have been granted.
Using a legitimate eviction ground does not automatically amount to wrongful termination
Legitimate eviction
Landlords can still use valid eviction grounds. The change does not remove that right.
Tenants must apply to the First-tier Tribunal
Where to apply
First-tier Tribunal for Scotland
Housing and Property Chamber
Evidence to keep
- Tenancy agreement
- Notice to leave
- Emails, texts and letters
- Messages with the landlord or agent
- Evidence of what happened to the property after you left
The start date depends on when the tenancy legally ended
New rules start
6th October 2026
For qualifying tenancies legally brought to an end on or after this date.
The key date is when the tenancy legally ended, not when the Tribunal application is submitted. Earlier cases remain under the previous rules.
Landlords must ensure eviction grounds and statements are genuine
What landlords need to know
The financial consequences of misleading a tenant or the Tribunal can now be substantially higher.
- Use a valid eviction ground.
- Make sure the stated reason is genuine.
- Give tenants and the Tribunal accurate information.
Information checked
This article was checked against the Scottish Government’s private renting and tenancy guidance, the Housing (Scotland) Act 2025, the Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026, the Private Housing (Tenancies) (Scotland) Act 2016 and information published by the First-tier Tribunal for Scotland (Housing and Property Chamber).
Information note: This article provides general information based on the Scottish rules checked on 4th November 2026. It is not legal advice and does not determine whether a particular tenant has a claim. If you have an individual housing dispute, check the relevant official guidance or seek advice from an appropriate housing or legal adviser.
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