Almond Housing Association LTD against John Docherty (Sheriff Court Civil) [2025] SCLIV 101 (21 October 2025)

The parties did not reach consensus in idem regarding the creation of a Scottish Secure Tenancy; the Pursuers consistently rejected the Defender's claim to tenancy and classified payments as occupancy charges or violent profits. The Defender has neither right nor title to occupy the property.

Citation: [2025] SCLIV 101
Parties: Pursuer: Almond Housing Association Limited; Defender: John Docherty
Jurisdiction: Scotland
Judgment Date: 21 October 2025
Procedural Posture: Summary Cause Civil Action / Judgment After Proof Diet
Outcome: Decree granted in favour of Pursuers; Defender found liable in expenses.
Legal Topics: Scottish Secure Tenancy, Succession to Tenancy, Violent Profits, Occupancy Charge, Statutory Landlord Duties

Property Law Landlord and Tenant Law Housing Law Scottish Secure Tenancy Succession to Tenancy Violent Profits Occupancy Charge Statutory Landlord Duties

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Parties

Almond Housing Association Limited

Pursuer

John Docherty

Defender

Procedural Posture

Summary Cause Civil Action / Judgment After Proof Diet

Legal Issues

1 Whether a Scottish Secure Tenancy was created between the parties
2 Whether payments made by the Defender constituted rent or violent profits
3 Whether the Defender had right or title to occupy the property

Ratio Decidendi

Court Disposition

Decree granted in favour of Pursuers; Defender found liable in expenses.

Orders

Recovery of possession of the property at 17 Morlich Walk, Livingston granted to Pursuers.
Defender liable to Pursuers in expenses as assessed.