NORTH LANARKSHIRE COUNCIL AGAINST LYNSEY KELLY [2022] SC HAM 26 (10 March 2022)

NORTH LANARKSHIRE COUNCIL AGAINST LYNSEY KELLY [2022] SC HAM 26 (10 March 2022)

Section 16(2)(aa) of the Housing (Scotland) Act 2001 applies to the conviction in question and does not trespass on accrued rights; eviction is a proportionate interference with Article 8 ECHR rights given the seriousness and duration of drug offences, the defender's knowledge, and the legitimate aims of the pursuer; alternatively, it is reasonable to grant recovery under section 16(2).

Citation
[2022] SC HAM 26
Parties
Pursuer: North Lanarkshire Council; Defender: Lynsey Kelly
Jurisdiction
Scotland
Judgment Date
10 March 2022
Procedural Posture
Summary Cause Action for Recovery of Possession / Judgment After Proof
Outcome
Decree granted in favour of pursuer for recovery of possession
Legal Topics
Recovery of Possession, Drug Offences, Retrospectivity, Proportionality, Article 8 ECHR, Reasonableness, Scottish Secure Tenancy Agreement
Housing Law Human Rights Law Landlord and Tenant Law Recovery of Possession Drug Offences Retrospectivity Proportionality Article 8 ECHR +2 more

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Parties

North Lanarkshire Council

Pursuer

Lynsey Kelly

Defender

Procedural Posture

Summary Cause Action for Recovery of Possession / Judgment After Proof

Legal Issues

  1. 1 Whether section 16(2)(aa) of the Housing (Scotland) Act 2001 applies retrospectively to convictions predating its commencement
  2. 2 Whether eviction constitutes a disproportionate interference with Article 8 ECHR rights
  3. 3 Whether it is reasonable to grant recovery of possession under section 16(2)

Ratio Decidendi

Section 16(2)(aa) of the Housing (Scotland) Act 2001 applies to the conviction in question and does not trespass on accrued rights; eviction is a proportionate interference with Article 8 ECHR rights given the seriousness and duration of drug offences, the defender's knowledge, and the legitimate aims of the pursuer; alternatively, it is reasonable to grant recovery under section 16(2).

Court Disposition

Decree granted in favour of pursuer for recovery of possession

Orders

  • Order for recovery of possession of the subjects
  • Termination of tenancy