THE CITY OF EDINBURGH COUNCIL AGAINST MARTIN SMITH [2016] ScotSC 42 (31 May 2016)

THE CITY OF EDINBURGH COUNCIL AGAINST MARTIN SMITH [2016] ScotSC 42 (31 May 2016)

A further contractual tenancy was found to be in existence between the parties, preventing the court from granting an order for recovery of possession under section 36(5) of the Housing (Scotland) Act 2001. The pursuers' action was therefore incompetent and liable to dismissal.

Citation
[2016] ScotSC 42
Parties
Pursuer: The City of Edinburgh Council; Defender: Martin Smith
Jurisdiction
Scotland
Judgment Date
31 May 2016
Procedural Posture
Summary Cause / Judgment
Outcome
Action dismissed
Legal Topics
Short Scottish Secure Tenancy, Contractual Tenancy, Recovery of Possession, Tacit Relocation
Landlord and Tenant Housing Law Short Scottish Secure Tenancy Contractual Tenancy Recovery of Possession Tacit Relocation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The City of Edinburgh Council

Pursuer

Martin Smith

Defender

Procedural Posture

Summary Cause / Judgment

Legal Issues

  1. 1 Whether a further contractual tenancy exists between the parties
  2. 2 Whether the criteria for recovery of possession under section 36 of the Housing (Scotland) Act 2001 are met

Ratio Decidendi

A further contractual tenancy was found to be in existence between the parties, preventing the court from granting an order for recovery of possession under section 36(5) of the Housing (Scotland) Act 2001. The pursuers' action was therefore incompetent and liable to dismissal.

Court Disposition

Action dismissed

Orders

  • No expenses due to or by either party