Wheatley Homes East LTD against Gavin Rehfisch (Sheriff Court Civil) [2025] SCEDIN 58 (14 August 2025)

Wheatley Homes East LTD against Gavin Rehfisch (Sheriff Court Civil) [2025] SCEDIN 58 (14 August 2025)

The Pursuer established statutory grounds for recovery of possession under paragraphs 1, 2, and 7 of Schedule 2 to the Housing (Scotland) Act 2001, based on persistent antisocial behaviour, criminal convictions, and breach of tenancy. All procedural requirements were met. The Defender's conduct caused serious and ongoing harm to neighbours, businesses, and staff, and he failed to engage with support. The court found eviction to be reasonable and proportionate, not violating Article 8 ECHR, given the Defender's continued risk to others, the exhaustion of support options, and the availability of alternative accommodation through Housing First.

Citation
[2025] SCEDIN 58
Parties
Pursuer: Wheatley Homes East Limited; Defender: Gavin Rehfisch
Jurisdiction
Scotland
Judgment Date
14 August 2025
Procedural Posture
Eviction / Recovery of Possession (housing) / Final Judgment After Proof
Outcome
Decree for recovery of possession granted as craved; removal of Defender ordered; issue of extract superseded until 25 September 2025; expenses reserved.
Legal Topics
Eviction of Secure Tenant, Antisocial Behaviour, Criminal Convictions as Ground for Eviction, Article 8 ECHR Proportionality, Housing First Programme, Reasonableness of Eviction
Housing Law Landlord and Tenant Human Rights Eviction of Secure Tenant Antisocial Behaviour Criminal Convictions as Ground for Eviction Article 8 ECHR Proportionality Housing First Programme +1 more

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Parties

Wheatley Homes East Limited

Pursuer

Gavin Rehfisch

Defender

Procedural Posture

Eviction / Recovery of Possession (housing) / Final Judgment After Proof

Legal Issues

  1. 1 Whether the Pursuer is entitled to recovery of possession under the Housing (Scotland) Act 2001 based on breaches of tenancy, criminal convictions, and antisocial behaviour
  2. 2 Whether eviction is proportionate and compatible with the Defender's Article 8 ECHR rights
  3. 3 Whether the eviction is reasonable in all the circumstances

Ratio Decidendi

The Pursuer established statutory grounds for recovery of possession under paragraphs 1, 2, and 7 of Schedule 2 to the Housing (Scotland) Act 2001, based on persistent antisocial behaviour, criminal convictions, and breach of tenancy. All procedural requirements were met. The Defender's conduct caused serious and ongoing harm to neighbours, businesses, and staff, and he failed to engage with support. The court found eviction to be reasonable and proportionate, not violating Article 8 ECHR, given the Defender's continued risk to others, the exhaustion of support options, and the availability of alternative accommodation through Housing First.

Court Disposition

Decree for recovery of possession granted as craved; removal of Defender ordered; issue of extract superseded until 25 September 2025; expenses reserved.

Orders

  • Order for recovery of possession of Flat 1F5, 141 Dundee Street, Edinburgh EH11 1BP in favour of Pursuer
  • Order for removal of Defender, his family, sub-tenants, dependants, and possessions from the property