Scotland raises wrongful eviction fines to 36 months' rent

From 6 October 2026, the maximum penalty a Scottish landlord can face for wrongful termination of a Private Residential Tenancy rises sharply. If the First-tier Tribunal finds a landlord relied on an eviction ground that did not apply, and the tenant left as a result, it must order a fine. The range moves from 0 to 6 months' rent up to 3 to 36 months' rent. Propertymark's Timothy Douglas has said the higher range applies to tenants who leave a property on or after 6 October 2026.

Two other changes take effect on the same date. The qualifying period for succeeding to a Private Residential Tenancy after a tenant's death is halved, from 12 months to 6. And Awaab's Law comes into force in Scotland, requiring landlords to address damp and mould within strict timeframes.

This applies to landlords and letting agents in Scotland who let under Private Residential Tenancies.

• Where a tenant leaves on or after 6 October 2026 after being misled into going by a ground that did not apply, the Tribunal fine can be much larger than before.
• Succession rights apply sooner after a tenant's death, which may affect who can remain in a property.
• Awaab's Law sets strict timeframes for dealing with damp and mould.

• Review how eviction grounds are chosen and evidenced before serving any notice, including notices already served where the tenant may leave on or after 6 October 2026.
• Keep dated records showing why a ground applied, in case of a Tribunal challenge.
• Check with a solicitor before relying on any eviction ground where the facts are not clear-cut.
• Update internal processes for handling a tenant's death, given the shorter succession qualifying period.
• Check what Awaab's Law requires for damp and mould response times and build this into maintenance handling.