Scottish Wrongful-Termination Payments Increase From 6th October 2026

From 6th October 2026, the amount a private tenant can be awarded under Scotland’s wrongful-termination rules will increase substantially. The First-tier Tribunal for Scotland (Housing and Property Chamber) will be able to award between three and 36 times the relevant monthly rent in a wrongful-termination case, although the Tribunal can reduce the amount below three times the relevant sum where it considers that appropriate.

What is changing?

Scotland’s wrongful-termination rules are changing on 6th October 2026 as part of the Housing (Scotland) Act 2025. Under the existing rules, a wrongful-termination order can require a former landlord to pay the former tenant up to six months’ rent.

From 6th October, that maximum is replaced by a new calculation. The First-tier Tribunal can determine an amount of at least three times the relevant sum and no more than 36 times the relevant sum, taking into account the way the tenancy was wrongfully terminated and the impact it had on the person who applied for the order.

The Tribunal can also reduce the amount below three times the relevant sum if it considers that appropriate in all the circumstances of the case. The change therefore does not mean that every successful applicant will receive 36 months’ rent.

What is a wrongful-termination order?

A wrongful-termination order is a legal order made by the First-tier Tribunal where the statutory conditions for wrongful termination are met. It is designed for cases where a tenant has been misled into leaving a private residential tenancy.

For example, the Scottish Government explains that a tenant may apply where a landlord misleads the tenant or the Tribunal into ending the tenancy. One possible situation is where a landlord says they intend to sell the property, the tenant leaves, and the landlord then does not take the stated action and instead lets the property to someone else.

The important point is that the payment is not a general compensation scheme for anyone whose tenancy ends. The legal conditions for a wrongful-termination order must be satisfied.

How much can the Tribunal award?

Before 6th October 2026, the Tribunal can order payment of up to six months’ rent under the wrongful-termination provisions.

For cases covered by the new rules from 6th October 2026, the amount is calculated using a “relevant sum”. This is one month’s rent payable under the tenancy immediately before it ended, or £840 where £840 is higher than that monthly rent.

The Tribunal can determine an amount between three and 36 times that relevant sum, taking account of the manner of the wrongful termination and its impact on the applicant. It can reduce the amount below three times the relevant sum if it considers that appropriate having regard to all the circumstances.

That means the maximum is not simply “36 months’ rent” in every case. Where the monthly rent is below £840, the £840 minimum relevant sum is used for the calculation. The actual award remains a decision for the Tribunal.

A worked example

Suppose a tenant was paying £900 a month immediately before the tenancy ended. The relevant sum would be £900. The statutory range would therefore normally be from £2,700, which is three times £900, up to £32,400, which is 36 times £900.

If the tenant was paying £700 a month, the relevant sum would instead be £840 because that is higher than the actual monthly rent. Three times the relevant sum would be £2,520 and 36 times it would be £30,240. The Tribunal could still reduce the award below the three-times figure if the circumstances justified doing so.

When can a tenant receive a wrongful-termination payment?

A tenant does not automatically receive a payment because a landlord asks them to leave or because the tenancy comes to an end.

The wrongful-termination provisions apply where the statutory conditions are met. In broad terms, the former tenant must have been misled into ceasing to occupy the property by the former landlord, or the Tribunal must find that the landlord misled the Tribunal into granting an eviction order that should not have been granted, depending on the route under the legislation.

The underlying legal process matters. A landlord may have a genuine legal ground for seeking possession, and a tenant may leave in response to a valid notice. That is different from a situation in which the stated ground was not genuinely applicable and the tenant was misled into leaving.

What if the landlord used an eviction ground?

Private residential tenancies in Scotland can be ended using the grounds and procedures set out in the relevant legislation. A wrongful-termination claim is concerned with whether the tenant was wrongfully led to leave or whether the Tribunal was misled in the circumstances covered by the legislation.

For example, if a landlord uses a ground based on an intention to sell the property, the tenant leaving does not by itself establish wrongful termination. The relevant question is whether the statutory test for a wrongful-termination order is satisfied. The Tribunal considers the evidence before deciding whether to make an order.

Does every tenant whose tenancy ends qualify?

No. This is one of the most important points about the change.

The new rules increase the amount that can be awarded where a wrongful-termination order is made. They do not create a general payment for tenants who are asked to leave, receive a notice to leave, move out voluntarily, or have their tenancy ended lawfully.

A tenant who believes they were misled should look at the specific circumstances of their tenancy and the legal test that applies rather than assuming that the new payment range automatically applies.

Does a tenant have to make an application?

Yes. A wrongful-termination order is an application made to the First-tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal’s published procedure identifies wrongful-termination orders as a specific type of private residential tenancy application.

Anyone considering an application should use the Tribunal’s current forms and guidance and check the requirements that apply to their particular case. Keep relevant documents, including the tenancy agreement, notice to leave, correspondence with the landlord or agent, and evidence about what happened to the property after the tenancy ended.

When does the new amount apply?

The commencement regulations bring the new wrongful-termination provisions into force on 6th October 2026 for private residential tenancies that have been brought to an end by an eviction order, or in accordance with section 50 of the Private Housing (Tenancies) (Scotland) Act 2016, on or after that date.

This means the date the tenancy was brought to an end matters. The new rules are not simply based on when an application happens to be made to the Tribunal.

What happens to cases before 6th October 2026?

The commencement provisions specify that the new wrongful-termination payment rules apply to private residential tenancies brought to an end by an eviction order, or in accordance with section 50 of the 2016 Act, on or after 6th October 2026.

Cases involving a tenancy brought to an end before that date therefore need to be considered under the rules that applied at the relevant time. Anyone with an existing or pending case should check the transitional position for their circumstances rather than assuming the new calculation applies.

What do landlords need to know?

Private landlords should understand that the potential financial consequences of a wrongful-termination finding are changing significantly. The new rules give the Tribunal a much wider range in which to set the payment and require it to take account of the manner of the wrongful termination and its impact on the applicant.

The change does not prevent landlords from using legitimate eviction grounds. It reinforces the importance of making sure that any ground relied upon is genuine and that statements made to tenants and the Tribunal accurately reflect the landlord’s circumstances and intentions.

What remains unchanged?

The change is about the payment available under the wrongful-termination provisions. It does not mean that private tenants can claim a payment whenever a tenancy ends.

The First-tier Tribunal remains responsible for deciding whether the statutory test for a wrongful-termination order has been met and, where an order is appropriate, determining the payment in accordance with the legislation.

Where can tenants get official information?

The Scottish Government provides information about ending a private residential tenancy and wrongful termination. The First-tier Tribunal for Scotland (Housing and Property Chamber) also publishes information about applications and its procedures.

If you have an individual housing dispute, use the current official guidance and consider getting appropriate housing or legal advice. The precise facts of a case can affect whether the statutory conditions are met.

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).

Sources: Scottish Government: Ending a tenancy · Scottish Government: Private renting · Housing (Scotland) Act 2025 · Housing (Scotland) Act 2025 (Commencement No. 3) Regulations 2026 · First-tier Tribunal: Other private tenancy applications.