Lech v The Highland Council [2010] ScotSC 25 (22 July 2010)

Lech v The Highland Council [2010] ScotSC 25 (22 July 2010)

The landlord was not entitled to serve the further notice terminating the tenancy because they were not satisfied at the end of the statutory period that the tenant did not intend to occupy the house as her home, and thus failed to comply with section 18 of the Housing (Scotland) Act 2001.

Citation
[2010] ScotSC 25
Parties
Pursuer: Lech; Defender: The Highland Council
Jurisdiction
Scotland
Judgment Date
22 July 2010
Procedural Posture
Summary Application Under Housing (scotland) Act 2001 Section 19(1) / Judgment After Hearing of Evidence and Submissions
Outcome
Judgment for the Pursuer
Legal Topics
Abandonment of Tenancy, Repossession Procedure, Statutory Interpretation, Tenant's Intention, Summary Application
Housing Law Landlord and Tenant Law Public Law Abandonment of Tenancy Repossession Procedure Statutory Interpretation Tenant's Intention Summary Application

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Parties

Lech

Pursuer

The Highland Council

Defender

Procedural Posture

Summary Application Under Housing (scotland) Act 2001 Section 19(1) / Judgment After Hearing of Evidence and Submissions

Legal Issues

  1. 1 Whether the landlord complied with section 18 of the Housing (Scotland) Act 2001 in terminating the tenancy
  2. 2 Whether the landlord had reasonable grounds to believe the house was unoccupied and the tenant did not intend to occupy it as her home

Ratio Decidendi

The landlord was not entitled to serve the further notice terminating the tenancy because they were not satisfied at the end of the statutory period that the tenant did not intend to occupy the house as her home, and thus failed to comply with section 18 of the Housing (Scotland) Act 2001.

Court Disposition

Judgment for the Pursuer

Orders

  • Sustains the Pursuer's first plea in law
  • Directs the Defenders to make suitable accommodation, other than 18 Orchard Park, Beauly, IV4 7DU, available to the Pursuer