SOUTH LANARKSHIRE COUNCIL v. ELLEN McKENNA [2014] ScotSC 1 (03 January 2014)

SOUTH LANARKSHIRE COUNCIL v. ELLEN McKENNA [2014] ScotSC 1 (03 January 2014)

The conversion of a Scottish secure tenancy to a short Scottish secure tenancy under section 35 of the Housing (Scotland) Act 2001 alters the term of the lease to a minimum of 6 months, making the notice to quit valid. The defender's proportionality argument under Article 8 ECHR was not seriously arguable as no specific personal circumstances were advanced. There is no statutory requirement for the landlord to provide reasons for eviction beyond the statutory notice.

Citation
[2014] ScotSC 1
Parties
Pursuer: South Lanarkshire Council; Defender: Ellen McKenna
Jurisdiction
Scotland
Judgment Date
03 January 2014
Procedural Posture
Summary Cause Action for Recovery of Possession / Appeal From Sheriff's Interlocutors
Outcome
Appeal refused; interlocutors adhered to; defender found liable in expenses.
Legal Topics
Short Scottish Secure Tenancy, Eviction, Notice to Quit, Article 8 ECHR, Proportionality, Statutory Interpretation
Housing Law Human Rights Law Short Scottish Secure Tenancy Eviction Notice to Quit Article 8 ECHR Proportionality Statutory Interpretation

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Parties

South Lanarkshire Council

Pursuer

Ellen McKenna

Defender

Procedural Posture

Summary Cause Action for Recovery of Possession / Appeal From Sheriff's Interlocutors

Legal Issues

  1. 1 Whether the notice to quit was valid under the Housing (Scotland) Act 2001 for a converted short Scottish secure tenancy
  2. 2 Whether the conversion to a short SST alters the term of the lease to a minimum of 6 months
  3. 3 Whether eviction proceedings failed the proportionality test under Article 8 ECHR

Ratio Decidendi

The conversion of a Scottish secure tenancy to a short Scottish secure tenancy under section 35 of the Housing (Scotland) Act 2001 alters the term of the lease to a minimum of 6 months, making the notice to quit valid. The defender's proportionality argument under Article 8 ECHR was not seriously arguable as no specific personal circumstances were advanced. There is no statutory requirement for the landlord to provide reasons for eviction beyond the statutory notice.

Court Disposition

Appeal refused; interlocutors adhered to; defender found liable in expenses.

Orders

  • Refusal of appeal
  • Adherence to sheriff's interlocutors dated 22 April and 5 November 2010