(Scotland) Act 2004.”. (4) For section 37 (the measure of damages) there were substituted— “37 Determination of damages 5 (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 which is— (a) not less than 3 months’ rent, and (b) not more than 36 months’ rent, 10 taking into account the manner of the unlawful eviction and the impact that 1 it has had on the tenant. (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) to an amount lower than 3 months’ rent if it considers it appropriate to do so 15 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, (b) each former landlord must pay a specified amount of damages, but the 20 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 whole amount of damages payable. (4) In this section, “rent” means— 25 (a) the amount that was payable in rent under the tenancy immediately before it ended, or (b) in a case where two or more persons jointly were the tenant under the tenancy immediately before it ended, the amount mentioned in paragraph (a) divided by the number of persons who were at that time joint tenants 30 under the tenancy.”. 8 (1) The First-tier Tribunal for Scotland Housing and Property Chamber (Procedure) Regulations 2017 (S.S.I. 2017/328) apply in accordance with the modification in sub-paragraph (2). (2) In the schedule, paragraph 69(a) has effect as if for paragraph (iv) there were 35 substituted— “(iv) the amount of damages sought, and”. 35 Cost of Living (Tenant Protection) (Scotland) Bill Schedule 3—Rent adjudication: power to modify SCHEDULE 3 (introduced by section 9) R ENT ADJUDICATION : POWER TO MODIFY Private residential tenancies 5 1 (1) The Private Housing (Tenancies) (Scotland) Act 2016 is amended as follows. (2) After section 34 insert— “Power to modify Chapter 34A Power to modify Chapter (1) On or in anticipation of the expiry or suspension of paragraph 1 of schedule 10 1 of the Cost of Living (Tenant Protection) (Scotland) Act 2022, the Scottish 1 Ministers may by regulations modify the provisions of this Chapter in connection with the determination of the rent payable under a private residential tenancy by a rent officer or the First-tier Tribunal. (2) Regulations under subsection (1) may in particular make provision— 15 (a) about the basis on which the rent is to be determined by a rent officer or the First-tier Tribunal which may include— (i) matters to be taken into account in determining the rent, (ii) matters to be disregarded in determining the rent, (iii) assumptions to be made in determining the rent, 20 (b) limiting the rent that may be determined to an amount that is no more than the rent specified in accordance with section 22(2)(a)(i) in a rent-increase notice prompting the referral to the rent officer in question or (as the case may be) leading to the appeal to the First-tier Tribunal, (c) about the procedure relating to referral to a rent officer or appeal to the 25 First-tier Tribunal. (3) Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers— (a) must consult such persons as appear to them to represent the interests of tenants and landlords under private residential tenancies, and 30 (b) may consult any other person they consider appropriate.”. (3) In section 77(3) (regulation-making powers), before “37” insert “34A,”.