CALMAC DEVELOPMENTS LTD v. WENDY MURDOCH [2012] ScotSC 12 (01 February 2012)

The lease, by specifying the term ran from the 'date of entry' on 29 April 2011, is interpreted as commencing at midnight on the 28th, resulting in a term of exactly six months and thus qualifying as a short assured tenancy under the Housing (Scotland) Act 1988.

Citation: [2012] ScotSC 12
Parties: Pursuer: Calmac Developments Limited; Defender: Wendy Murdoch
Jurisdiction: Scotland
Judgment Date: 01 February 2012
Procedural Posture: Summary Cause for Recovery of Possession / Judgment After Hearing Submissions
Outcome: Decree granted in favour of the pursuers for recovery of possession; defender found liable in expenses.
Legal Topics: Short Assured Tenancy, Computation of Lease Term, Recovery of Possession, Statutory Notices

Landlord and Tenant Property Law Civil Procedure Short Assured Tenancy Computation of Lease Term Recovery of Possession Statutory Notices

Case Brief

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Parties

Calmac Developments Limited

Pursuer

Wendy Murdoch

Defender

Procedural Posture

Summary Cause for Recovery of Possession / Judgment After Hearing Submissions

Legal Issues

1 Whether the tenancy qualifies as a short assured tenancy under the Housing (Scotland) Act 1988
2 Whether the lease term was for not less than six months as required by statute

Ratio Decidendi

Court Disposition

Decree granted in favour of the pursuers for recovery of possession; defender found liable in expenses.

Orders

Pursuers entitled to recover possession of 39 Calside Road, Dumfries.
Defender, her family, subtenants, and dependants ordered to remove with their goods and possessions.