G.F. Lavender Investments LTD against John Aire and others (Sheriff Court Civil) [2025] SCAIR 86 (09 September 2025)

G.F. Lavender Investments LTD against John Aire and others (Sheriff Court Civil) [2025] SCAIR 86 (09 September 2025)

The pursuer holds a valid and enforceable standard security over the property, having acquired it by registered assignation. All statutory requirements for calling up and pre-action procedures were complied with. The Murrays, as occupiers but not entitled residents, have no statutory right to oppose the application. The court is satisfied, considering all circumstances including the Murrays' investment, health, and lack of alternative accommodation, that it is reasonable to grant decree for possession and sale, but with a delay of 18 months before eviction to mitigate hardship.

Citation
[2025] SCAIR 86
Parties
Pursuer: G. F. Lavender Investments Limited; First Defender: John Aire; Second Defender: Morag Aire; Third Defender: The Accountant in Bankruptcy; Fourth Defender: John Murray; Fourth Defender: Letitia Murray
Jurisdiction
Scotland
Judgment Date
09 September 2025
Procedural Posture
Heritable Security Enforcement / Summary Application / Judgment After Proof (trial)
Outcome
Decree granted for possession and sale of the property, with eviction delayed for 18 months from judgment date.
Legal Topics
Standard Security Enforcement, Calling Up Notice Validity, Assignation of Security, Reasonableness of Eviction, Rights of Occupiers Vs. Entitled Residents
Property Law Bankruptcy Civil Procedure Standard Security Enforcement Calling Up Notice Validity Assignation of Security Reasonableness of Eviction Rights of Occupiers Vs. Entitled Residents

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Parties

G. F. Lavender Investments Limited

Pursuer

John Aire

First Defender

Morag Aire

Second Defender

The Accountant in Bankruptcy

Third Defender

John Murray

Fourth Defender

Letitia Murray

Fourth Defender

Procedural Posture

Heritable Security Enforcement / Summary Application / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer has a valid and enforceable standard security over the property
  2. 2 Whether calling up notices and statutory pre-action requirements were properly served and complied with
  3. 3 Whether assignations of the security were valid

Ratio Decidendi

The pursuer holds a valid and enforceable standard security over the property, having acquired it by registered assignation. All statutory requirements for calling up and pre-action procedures were complied with. The Murrays, as occupiers but not entitled residents, have no statutory right to oppose the application. The court is satisfied, considering all circumstances including the Murrays' investment, health, and lack of alternative accommodation, that it is reasonable to grant decree for possession and sale, but with a delay of 18 months before eviction to mitigate hardship.

Court Disposition

Decree granted for possession and sale of the property, with eviction delayed for 18 months from judgment date.

Orders

  • Pursuer granted warrant to enter into possession and sell the property at 2 Bowling Street, Coatbridge ML5 1PP, no sooner than 18 months from judgment date.
  • Defenders and any other occupiers ordered to vacate the property and summary ejection granted, effective no sooner than 18 months from judgment date.