Wishaw District Housing Association v. Neary [2004] ScotCS 10 (13 January 2004)

Wishaw District Housing Association v. Neary [2004] ScotCS 10 (13 January 2004)

The existence of a break clause in favour of the tenant does not render the term of the tenancy less than six months; the tenancy agreement was for a term of not less than six months and thus constituted a short assured tenancy under section 32(1) of the Housing (Scotland) Act 1988.

Citation
[2004] ScotCS 10
Parties
Pursuer and Respondent: Wishaw & District Housing Association Limited; Defender and Appellant: Michael Neary
Jurisdiction
Scotland
Judgment Date
13 January 2004
Procedural Posture
Appeal / Appeal From Sheriff Principal to Court of Session (inner House, Extra Division)
Outcome
Appeal refused; decision of the sheriff principal affirmed.
Legal Topics
Short Assured Tenancy, Break Clause, Interpretation of Lease Terms, Section 32 Housing (scotland) Act 1988
Landlord and Tenant Housing Law Short Assured Tenancy Break Clause Interpretation of Lease Terms Section 32 Housing (scotland) Act 1988

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Parties

Wishaw & District Housing Association Limited

Pursuer and Respondent

Michael Neary

Defender and Appellant

Procedural Posture

Appeal / Appeal From Sheriff Principal to Court of Session (inner House, Extra Division)

Legal Issues

  1. 1 Whether the tenancy agreement constituted a 'short assured tenancy' under section 32(1) of the Housing (Scotland) Act 1988 given the existence of a tenant's break clause.

Ratio Decidendi

The existence of a break clause in favour of the tenant does not render the term of the tenancy less than six months; the tenancy agreement was for a term of not less than six months and thus constituted a short assured tenancy under section 32(1) of the Housing (Scotland) Act 1988.

Court Disposition

Appeal refused; decision of the sheriff principal affirmed.

Orders

  • The appeal is refused.
  • The decision of the sheriff principal is affirmed.