KESHIA CORDINER AGAINST GASSAN AL-SHAIBANY [2015] ScotSC 51 (01 July 2015)

KESHIA CORDINER AGAINST GASSAN AL-SHAIBANY [2015] ScotSC 51 (01 July 2015)

The advance payment of rent by the pursuer was not a tenancy deposit within the meaning of section 120 of the Housing (Scotland) Act 2006, as it was a payment discharging the obligation to pay rent, not held as security for future obligations. Therefore, the defender did not breach the Tenancy Deposit Schemes (Scotland) Regulations 2011.

Citation
[2015] ScotSC 51
Parties
Pursuer: Keshia Cordiner; Defender: Gassan Al-Shaibany
Jurisdiction
Scotland
Judgment Date
01 July 2015
Procedural Posture
Summary Application Under Tenancy Deposit Schemes (scotland) Regulations 2011 / Judgment After Evidence and Legal Submissions
Outcome
Decree of absolvitor granted in favour of the defender; expenses reserved.
Legal Topics
Tenancy Deposit, Advance Rent, Interpretation of Tenancy Deposit Regulations, Obligations Under Lease, Penalty for Non Compliance
Landlord and Tenant Housing Law Contract Law Tenancy Deposit Advance Rent Interpretation of Tenancy Deposit Regulations Obligations Under Lease Penalty for Non Compliance

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Parties

Keshia Cordiner

Pursuer

Gassan Al-Shaibany

Defender

Procedural Posture

Summary Application Under Tenancy Deposit Schemes (scotland) Regulations 2011 / Judgment After Evidence and Legal Submissions

Legal Issues

  1. 1 Whether advance payment of last month's rent constitutes a tenancy deposit under section 120 of the Housing (Scotland) Act 2006
  2. 2 Whether the defender failed to comply with obligations under the Tenancy Deposit Schemes (Scotland) Regulations 2011

Ratio Decidendi

The advance payment of rent by the pursuer was not a tenancy deposit within the meaning of section 120 of the Housing (Scotland) Act 2006, as it was a payment discharging the obligation to pay rent, not held as security for future obligations. Therefore, the defender did not breach the Tenancy Deposit Schemes (Scotland) Regulations 2011.

Court Disposition

Decree of absolvitor granted in favour of the defender; expenses reserved.

Orders

  • Decree of absolvitor in favour of the defender
  • Expenses reserved