East Kilbride Housing Association Ltd against T (Sheriff Court Civil) [2025] SCHAM 12 (31 August 2022)

East Kilbride Housing Association Ltd against T (Sheriff Court Civil) [2025] SCHAM 12 (31 August 2022)

The pursuers failed to properly consider the proportionality of eviction, including the defender's significant progress with rehabilitation, the risk to his health and rehabilitation if made homeless, and the availability of less onerous alternatives such as conversion to a short tenancy. Eviction would be a disproportionate interference with the defender's Article 8 ECHR rights.

Citation
[2025] SCHAM 12
Parties
Pursuer: East Kilbride Housing Association Limited; Defender: T
Jurisdiction
Scotland
Judgment Date
31 August 2022
Procedural Posture
Summary Cause Action for Recovery of Possession / Judgment After Proof
Outcome
First and second craves for the pursuers refused; no expenses due to or by either party; action dismissed.
Legal Topics
Eviction, Scottish Secure Tenancy, Proportionality, Article 8 ECHR, Drug Offences, Streamlined Eviction Procedure
Housing Law Human Rights Law Eviction Scottish Secure Tenancy Proportionality Article 8 ECHR Drug Offences Streamlined Eviction Procedure

Case Brief

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Parties

East Kilbride Housing Association Limited

Pursuer

T

Defender

Procedural Posture

Summary Cause Action for Recovery of Possession / Judgment After Proof

Legal Issues

  1. 1 Whether eviction under the streamlined procedure is a proportionate interference with the tenant's Article 8 ECHR rights
  2. 2 Whether the landlord properly considered all relevant factors, including alternatives to eviction

Ratio Decidendi

The pursuers failed to properly consider the proportionality of eviction, including the defender's significant progress with rehabilitation, the risk to his health and rehabilitation if made homeless, and the availability of less onerous alternatives such as conversion to a short tenancy. Eviction would be a disproportionate interference with the defender's Article 8 ECHR rights.

Court Disposition

First and second craves for the pursuers refused; no expenses due to or by either party; action dismissed.

Orders

  • Refusal of order for recovery of possession
  • No award of expenses