(Scotland) Act 2004.”, (d) in subsection (8), in the opening words, after “section” insert “and section 37”. (3) For section 37 (the measure of damages) substitute— “37 Determination of damages (1) For the purpose of section 36(3), the damages that the court or, as the case 35 may be, the First-tier Tribunal may determine as payable are to be an amount that is— (a) not less than 3 times the relevant sum, and (b) not more than 36 times the relevant sum, 44 Housing (Scotland) Bill Part 2—Dealing with evictions taking into account the manner of the unlawful eviction and the impact that it has had on the former residential occupier. (2) But, the court or, as the case may be, the First-tier Tribunal may reduce the amount of damages that would otherwise be payable under subsection (1), 5 including to an amount lower than 3 times the relevant sum, if it considers it appropriate to do so having regard to all the circumstances of the case. (3) Where two or more persons jointly were the landlord, the court or, as the case may be, the First-tier Tribunal may determine that— (a) damages are payable by all, some or only one of the former landlords, 10 (b) each former landlord must pay a specified amount of damages, but the 1 cumulative total of each of the amounts must not exceed 36 times the relevant sum, or (c) the former landlords are jointly and severally liable in respect of the whole amount of damages payable. 15 (4) In this section— “relevant sum”, in relation to the premises in question, means— (a) the amount of one month’s rent, or (b) £840 if that is a higher amount, “rent”, in relation to the premises in question, means— 20 (a) except...