Question reference: S5W-33620
- Asked by: Pauline McNeill, MSP for Glasgow, Scottish Labour
- Date lodged: 30 November 2020
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Current status: Answered by Kevin Stewart on 8 December 2020
Question
To ask the Scottish Government what its position is on whether the statutory formula for calculating the damages to be awarded to victims of unlawful evictions, which is set out in section 37 of the Housing (Scotland) Act 1988, provides adequate compensation to victims and deterrence to perpetrators.
Answer
The Scottish Government take the issue of unlawful evictions seriously .
The awarding of damages to victims of unlawful evictions, as set out in section 37 of the Housing (Scotland), is one of the sanctions available and provides a route for victims to be directly compensated. The level of award is a matter for the First Tier Tribunal (FTT) – Housing and Property Chamber to consider and the exact amount will depend on the individual circumstances of the case.
Any landlord carrying out an unlawful eviction is committing a criminal offence. As such a prosecution may follow which could result in a fine, a custodial sentence or both, along with a criminal conviction. Taken together with the ability of the First Tier Tribunal (FTT) – Housing and Property Chamber to consider to award damages we consider this to be a significant deterrent.
Prosecutions are rare but anyone who wants to let property in Scotland must be registered and deemed ‘fit and proper’ by the local authority via Landlord Registration. Evidence that a potential landlord has acted in an unlawful fashion would certainly bring the ‘fit and proper’ status into question and a review of the registration would follow. To have a landlord registration revoked or refused means the person cannot let property in Scotland, adding a further deterrent for landlords.