Glasgow Housing Association Ltd v. Hetherington [2009] ScotSC 26 (28 April 2009)

Glasgow Housing Association Ltd v. Hetherington [2009] ScotSC 26 (28 April 2009)

The court exercised its discretion under section 16(1) of the Housing (Scotland) Act 2001 to adjourn the proceedings for six months, imposing conditions on the defender to comply fully with her tenancy agreement and refrain from criminal conduct, on the basis that there had been no incidents of anti-social behaviour for almost a year and that the defender should be given an opportunity to demonstrate sustained good behaviour before a final decision on reasonableness is made.

Citation
[2009] ScotSC 26
Parties
Pursuer: The Glasgow Housing Association Limited; Defender: Karen Hetherington
Jurisdiction
Scotland
Judgment Date
28 April 2009
Procedural Posture
Housing Possession (landlord and Tenant) / Interlocutory Order After Partial Proof, Adjournment for Monitoring
Outcome
Adjournment of proof for six months with conditions imposed on the defender; no final decision on recovery of possession at this stage.
Legal Topics
Recovery of Possession, Anti Social Behaviour, Reasonableness of Eviction, Adjournment Under Housing (scotland) Act 2001, Tenancy Breach
Housing Landlord and Tenant Recovery of Possession Anti Social Behaviour Reasonableness of Eviction Adjournment Under Housing (scotland) Act 2001 Tenancy Breach

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Parties

The Glasgow Housing Association Limited

Pursuer

Karen Hetherington

Defender

Procedural Posture

Housing Possession (landlord and Tenant) / Interlocutory Order After Partial Proof, Adjournment for Monitoring

Legal Issues

  1. 1 Whether it is reasonable to grant recovery of possession to the landlord under section 16(2) of the Housing (Scotland) Act 2001 given the defender's past anti-social behaviour and criminal convictions
  2. 2 Whether the court should exercise its discretion under section 16(1) of the Act to adjourn proceedings subject to conditions

Ratio Decidendi

The court exercised its discretion under section 16(1) of the Housing (Scotland) Act 2001 to adjourn the proceedings for six months, imposing conditions on the defender to comply fully with her tenancy agreement and refrain from criminal conduct, on the basis that there had been no incidents of anti-social behaviour for almost a year and that the defender should be given an opportunity to demonstrate sustained good behaviour before a final decision on reasonableness is made.

Court Disposition

Adjournment of proof for six months with conditions imposed on the defender; no final decision on recovery of possession at this stage.

Orders

  • Proof adjourned until 29 October 2009 at 10:00 am.
  • Defender must comply fully with tenancy agreement and refrain from criminal offences during adjournment.