South Lanarkshire Council v. McKenna [2010] ScotSC 5 (22 April 2010)

South Lanarkshire Council v. McKenna [2010] ScotSC 5 (22 April 2010)

Upon conversion of a Scottish Secure Tenancy to a Short Scottish Secure Tenancy under section 35 of the Housing (Scotland) Act 2001, the tenancy must be for a minimum term of six months as required by section 34(1)(b), and the statutory definition applies. The notice to quit must terminate the tenancy at an ish date, and precision is required. In this case, the pursuers' case is soundly based in law as the statutory provisions require a minimum six-month term for the converted tenancy.

Citation
[2010] ScotSC 5
Parties
Pursuer: South Lanarkshire Council; Defender: Ellen McKenna
Jurisdiction
Scotland
Judgment Date
22 April 2010
Procedural Posture
Summary Cause / Continued First Hearing
Outcome
Pursuers' case is soundly based in law; further continued first hearing assigned to determine future procedure.
Legal Topics
Short Scottish Secure Tenancy, Scottish Secure Tenancy, Notice to Quit, Tacit Relocation, Minimum Term of Tenancy, Conversion of Tenancy, Housing (scotland) Act 2001
Housing Law Landlord and Tenant Law Short Scottish Secure Tenancy Scottish Secure Tenancy Notice to Quit Tacit Relocation Minimum Term of Tenancy Conversion of Tenancy +1 more

Case Brief

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Parties

South Lanarkshire Council

Pursuer

Ellen McKenna

Defender

Procedural Posture

Summary Cause / Continued First Hearing

Legal Issues

  1. 1 Whether a Short Scottish Secure Tenancy converted from a Scottish Secure Tenancy must be for a minimum term of six months
  2. 2 Whether the term of the earlier Scottish Secure Tenancy continues by tacit relocation after conversion
  3. 3 Whether the notice to quit served by the landlord was valid

Ratio Decidendi

Upon conversion of a Scottish Secure Tenancy to a Short Scottish Secure Tenancy under section 35 of the Housing (Scotland) Act 2001, the tenancy must be for a minimum term of six months as required by section 34(1)(b), and the statutory definition applies. The notice to quit must terminate the tenancy at an ish date, and precision is required. In this case, the pursuers' case is soundly based in law as the statutory provisions require a minimum six-month term for the converted tenancy.

Court Disposition

Pursuers' case is soundly based in law; further continued first hearing assigned to determine future procedure.

Orders

  • Continued First Hearing assigned for 5 May 2010 at 9.30am under Rule 8.2(3) of the Act of Sederunt (Summary Cause Rules) 2002.