Grampian Housing Association v. Pyper [2004] ScotSC 4 (19 January 2004)

Grampian Housing Association v. Pyper [2004] ScotSC 4 (19 January 2004)

The defender's tenancy did not become a Scottish secure tenancy on 30 September 2002 because it was not a tenancy as defined by section 41 of the 2001 Act, but a statutory assured tenancy under section 16(1) of the 1988 Act. Therefore, the sheriff's order for possession under the 1988 Act was competent. Further, given the persistent and substantial arrears and the lack of a substantial defence, it was reasonable to grant possession and not appropriate to recall the decree by default.

Citation
[2004] ScotSC 4
Parties
Pursuer and Respondent: Grampian Housing Association Limited; Defender and Appellant: Carol Pyper
Jurisdiction
Scotland
Judgment Date
19 January 2004
Procedural Posture
Appeal (summary Cause) / Judgment on Appeal From Sheriff's Order for Possession and Payment
Outcome
Appeal refused; sheriff's decision and decree adhered to.
Legal Topics
Assured Tenancy, Statutory Assured Tenancy, Scottish Secure Tenancy, Eviction, Arrears of Rent, Reasonableness of Possession Orders, Transitional Provisions in Housing Legislation
Landlord and Tenant Housing Law Civil Procedure Assured Tenancy Statutory Assured Tenancy Scottish Secure Tenancy Eviction Arrears of Rent +2 more

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Parties

Grampian Housing Association Limited

Pursuer and Respondent

Carol Pyper

Defender and Appellant

Procedural Posture

Appeal (summary Cause) / Judgment on Appeal From Sheriff's Order for Possession and Payment

Legal Issues

  1. 1 Whether the defender's tenancy became a Scottish secure tenancy under the Housing (Scotland) Act 2001, thereby rendering the sheriff's order for possession incompetent.
  2. 2 Whether the sheriff erred in granting decree for possession without being informed of the defender's circumstances and whether the appeal should be allowed in the interests of justice.

Ratio Decidendi

The defender's tenancy did not become a Scottish secure tenancy on 30 September 2002 because it was not a tenancy as defined by section 41 of the 2001 Act, but a statutory assured tenancy under section 16(1) of the 1988 Act. Therefore, the sheriff's order for possession under the 1988 Act was competent. Further, given the persistent and substantial arrears and the lack of a substantial defence, it was reasonable to grant possession and not appropriate to recall the decree by default.

Court Disposition

Appeal refused; sheriff's decision and decree adhered to.

Orders

  • First question of law answered in the affirmative; second question of law answered in the negative.
  • No expenses due to or by either party in respect of the appeal.