ABERDEENSHIRE COUNCIL v. MARK SHAW [2011] ScotSC 167 (24 October 2011)

ABERDEENSHIRE COUNCIL v. MARK SHAW [2011] ScotSC 167 (24 October 2011)

A separate Notice to Quit is required in addition to a Section 36(2) Notice to prevent tacit relocation and satisfy the requirements of Section 36(5)(b) of the Housing (Scotland) Act 2001 for recovery of possession of a Short Scottish Secure Tenancy.

Citation
[2011] ScotSC 167
Parties
Pursuer: Aberdeenshire Council; Defender: Mark Shaw
Jurisdiction
Scotland
Judgment Date
24 October 2011
Procedural Posture
Summary Cause Action for Recovery of Possession of Heritable Property / Hearing and Final Disposition
Outcome
Cause dismissed with no expenses due to or by either party.
Legal Topics
Short Scottish Secure Tenancy, Notice to Quit, Tacit Relocation, Section 36 Housing (scotland) Act 2001
Landlord and Tenant Housing Law Short Scottish Secure Tenancy Notice to Quit Tacit Relocation Section 36 Housing (scotland) Act 2001

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Parties

Aberdeenshire Council

Pursuer

Mark Shaw

Defender

Procedural Posture

Summary Cause Action for Recovery of Possession of Heritable Property / Hearing and Final Disposition

Legal Issues

  1. 1 Whether a separate Notice to Quit is required in addition to a Section 36(2) Notice under the Housing (Scotland) Act 2001 to recover possession of a Short Scottish Secure Tenancy

Ratio Decidendi

A separate Notice to Quit is required in addition to a Section 36(2) Notice to prevent tacit relocation and satisfy the requirements of Section 36(5)(b) of the Housing (Scotland) Act 2001 for recovery of possession of a Short Scottish Secure Tenancy.

Court Disposition

Cause dismissed with no expenses due to or by either party.

Orders

  • Cause dismissed
  • No expenses due to or by either party