(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— 33 Housing (Scotland) Bill Part 3—Keeping pets and making changes to let property “37 Determination of damages (1) For the purpose of section 36(3), the damages that the court or, as the case may be, the First-tier Tribunal may determine as payable are to be an amount that is— 5 (a) not less than 3 months’ rent, and (b) not more than 36 months’ rent, 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 10 amount of damages that would otherwise be payable under subsection (1), 1 including to an amount lower than 3 months’ rent, 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— 15 (a) damages are payable by all, some or only one of the former landlords, (b) each former landlord must pay a specified amount of damages, but the cumulative total of each of the amounts must not exceed 36 months’ rent, or (c) the former landlords are jointly and severally liable in respect of the 20 whole amount of damages payable. (4) In this section “rent”, in relation to the premises in question, means— (a) except in a case mentioned in paragraph (b), the amount that was payable in rent in connection with the right to occupy the premises (whether under a contract or otherwise) immediately before the landlord became 25 liable to pay the former residential occupier under section 36(3), or (b) in a case where two or more persons jointly were liable to pay the amount mentioned in paragraph (a) immediately before the liability arose, that amount divided by the number of such persons.”.