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 and does not trespass on accrued rights; the eviction is a proportionate interference with Article 8 ECHR rights and is reasonable under section 16(2). The defender was aware of her son's drug dealing activities and the conduct was serious, justifying recovery of possession.

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
Legal Topics
Recovery of Possession, Eviction, Retrospectivity, Proportionality, Article 8 ECHR, Drug Offences, Scottish Secure Tenancy, Equality Act 2010
Housing Law Human Rights Law Administrative Law Recovery of Possession Eviction Retrospectivity Proportionality Article 8 ECHR +3 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
  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 and does not trespass on accrued rights; the eviction is a proportionate interference with Article 8 ECHR rights and is reasonable under section 16(2). The defender was aware of her son's drug dealing activities and the conduct was serious, justifying recovery of possession.

Court Disposition

Decree granted in favour of pursuer

Orders

  • Order for recovery of possession granted
  • Termination of tenancy