Going to the tribunal for a wrongful termination order

If your landlord put misleading information on your eviction notice and you moved out, you could get compensation.

To claim compensation, apply to the First-tier Tribunal (Housing and Property Chamber) for a wrongful termination order.

You can only apply if you had a private residential tenancy.

When you can get compensation at the tribunal

You can apply for compensation when all of the following apply:

• your landlord gave you an eviction notice, which is called a notice to leave

• the notice to leave listed 1 or more eviction grounds

• your landlord gave false information on the notice to leave, or misled you in another way

• you moved out of the property because of the misleading information

You can also apply if your landlord gave misleading information to the tribunal to get an eviction order.

See an example of a notice to leave (PDF, 230kb).

If you did not get a notice to leave

The tribunal will not issue a wrongful termination order. This includes if your landlord:

• threatened you with potential eviction and you moved out

• asked you to move out verbally

• sent you a text telling you to move out

If your landlord forced you to move out without giving you a valid eviction notice, you could get compensation for illegal eviction instead. Check our advice on illegal eviction.

How much compensation you can get

The tribunal can tell your landlord to pay you compensation. The amount is based on what your monthly rent was. 

The maximum award is 36 months (3 years) of your monthly rent. 

If your rent was less than £840 a month, the tribunal will calculate your award based on £840 per month instead. 

This means that:

• If your rent was £600 per month and the tribunal awards 6 months’ compensation, you will get an order for £5,040 instead of £3,600. 

• If your rent was £1,000 per month and the tribunal awards 6 months’ compensation, you will get an order for £6,000.

The minimum compensation award is usually the higher amount of either 3 months’ rent or £2,520. The tribunal can decide to award less than this if they think it is reasonable. 

Common examples of wrongful termination

These are some eviction grounds that landlords have used to mislead tenants. You could still get compensation if your landlord misled you using a different ground.

Your landlord intends to sell the let property

When using this ground, your landlord must intend to put the property up for sale within 3 months of you moving out.

You could get compensation if:

• they re-let the property instead of selling it

• they do not take any steps to sell the property within 3 months

Your landlord intends to live in the let property

When using this ground, your landlord must intend to move into the property. They must use it as their only or main home for at least 3 months.

You could get compensation if:

• they move in for less than 3 months

• they re-let the property instead of moving in

• they sell the property instead of moving in

Your landlord’s family member intends to live in the let property

When using this ground, a member of your landlord’s family must intend to move into the property. They must use it as their only or main home for at least 3 months.

You could get compensation if:

• they move in for less than 3 months

• the property is re-let to someone who is not a family member of the landlord

• they sell the property instead

Before you apply

Gather evidence for an application. You can use copies of texts or emails from your landlord as evidence.

Write down what happened, when it happened and how it affected you. For example, if you challenged a rent increase or complained about repairs and then they decided to evict you.

Tell the tribunal what information your landlord gave that you think was misleading.

Check if the property has been listed for rent or sale on websites like Rightmove, Zoopla, Gumtree and S1 Homes.

Keep proof of any higher costs or inconvenience you faced because of eviction. For example:

• your new home has a higher rent

• your new home has higher energy or council tax bills

• you had to pay moving costs

• you struggled to find a similar suitable property in the same area

• your children had to move schools because you moved area

The tribunal could consider these circumstances when deciding how much compensation you should get.

Check previous tribunal decisions

The tribunal publishes all its decisions online. To help you work out what evidence to give or how much compensation to ask for, you can read wrongful termination decisions on the tribunal website.

If you apply, your decision will also be published.

If you do not want it to be published, speak to the tribunal. They can agree to keep the decision private in limited situations.

Applying to the tribunal

It’s free to apply to the tribunal.

Download Form G and the notes on completing Form G on the tribunal website.

In section 7a, write 'rule 110'.

In section 7c, tell the tribunal how much compensation you want. You can ask for a maximum of 36 months’ rent.

Include copies of:

• any evidence you have

• your tenancy agreement

• the notice to leave

Download the inclusive provision questionnaire to tell the tribunal about your access needs. For example, if you need an induction loop or an interpreter.

You can send your form and evidence by email or post.

Email: hpcadmin@scotcourtstribunals.gov.uk

Post: Glasgow Tribunals Centre, 20 York Street, Glasgow, G2 8GT

If the tribunal accepts your application

The tribunal will usually arrange a case discussion or hearing. This allows them to hear evidence and make a decision.

Any evidence you send to the tribunal will be shared with your landlord.

The tribunal will question your landlord about the eviction ground they used. They’ll ask them to prove it was used correctly. They might ask you questions about your evidence.

Check our guidance on going to a case discussion or hearing.

Getting legal advice or representation

In most cases, you do not need legal help to go to the tribunal. You can apply and represent yourself.

You can find a solicitor on the Law Society of Scotland website. If you hire a solicitor, they'll charge for their work, and this can be expensive.

You may be able to get free legal advice or legal aid to help with costs. If you're given legal aid and are awarded compensation you may need to use some or all of it to pay the legal fees.

Getting a decision

The tribunal will usually send their decision in writing.

There is no guarantee the tribunal will agree with you. They may decide the landlord had a good reason for doing what they did.

If the tribunal grants a wrongful termination order, it will tell you how much compensation your landlord must pay you. The tribunal will usually set a deadline for your landlord to pay.

If the tribunal does not grant a wrongful termination order, you have the right to ask for a review or an appeal. For advice on reviews and appeals, check what happens when a decision is made.

If your landlord does not pay by the deadline

You may need to hire sheriff officers to enforce the order. Sheriff officers cost money to hire.

To find a sheriff officer, search on the Society of Messengers-at-Arms and Sheriff Officers website.