THE GLASGOW HOUSING ASSOCIATION Ltd AGAINST ROBERT LILLEY ALSO KNOWN AS ROBERT LILY [2015] ScotSC 54 (14 July 2015)

THE GLASGOW HOUSING ASSOCIATION Ltd AGAINST ROBERT LILLEY ALSO KNOWN AS ROBERT LILY [2015] ScotSC 54 (14 July 2015)

It is reasonable to grant decree for recovery of possession where the defender has twice been convicted of serious drug offences involving supply from the tenancy, was fully aware of the consequences, and the conduct is likely to have a serious detrimental effect on the community. The defender's mitigation was not sufficiently credible or supported to outweigh the public interest and gravity of the offences.

Citation
[2015] ScotSC 54
Parties
Pursuer: The Glasgow Housing Association Limited; Defender: Robert Lilley also known as Robert Lily
Jurisdiction
Scotland
Judgment Date
14 July 2015
Procedural Posture
Action for Recovery of Possession (eviction) / Judgment After Proof (trial)
Outcome
Decree granted in favour of the pursuer for recovery of possession.
Legal Topics
Eviction for Criminal Conduct, Breach of Tenancy Agreement, Reasonableness Test in Eviction, Drug Offences and Housing, Anti Social Behaviour, Grounds for Recovery of Possession
Housing Law Landlord and Tenant Law Criminal Law Eviction for Criminal Conduct Breach of Tenancy Agreement Reasonableness Test in Eviction Drug Offences and Housing Anti Social Behaviour +1 more

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Parties

The Glasgow Housing Association Limited

Pursuer

Robert Lilley also known as Robert Lily

Defender

Procedural Posture

Action for Recovery of Possession (eviction) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender's convictions for drug offences justify recovery of possession under the Housing (Scotland) Act 2001
  2. 2 Whether it is reasonable to grant decree for recovery of possession in the circumstances
  3. 3 Whether the defender's mitigation (mental health, length of tenancy, alleged reformation) should prevent eviction

Ratio Decidendi

It is reasonable to grant decree for recovery of possession where the defender has twice been convicted of serious drug offences involving supply from the tenancy, was fully aware of the consequences, and the conduct is likely to have a serious detrimental effect on the community. The defender's mitigation was not sufficiently credible or supported to outweigh the public interest and gravity of the offences.

Court Disposition

Decree granted in favour of the pursuer for recovery of possession.

Orders

  • Order for recovery of possession of Flat A, 17 Calfhill Road, Glasgow G53 5YP in favour of the pursuer.