SHETLAND ISLANDS COUNCIL v. EBRAHIM ABDULLAH HASSAN & JOHN HAY LEASK [2012] ScotSC 89 (03 September 2012)

SHETLAND ISLANDS COUNCIL v. EBRAHIM ABDULLAH HASSAN & JOHN HAY LEASK [2012] ScotSC 89 (03 September 2012)

It is reasonable to grant the order for recovery of possession because the first defender was convicted of a serious drug offence committed in the property, the conduct was solely his, drug dealing causes significant harm to the community, and none of the circumstances advanced by the first defender outweigh the seriousness of the breach. The court is obliged to grant the order under section 16(2)(a) of the Housing (Scotland) Act 2001, and there is no basis for adjourning the proceedings.

Citation
[2012] ScotSC 89
Parties
Pursuer: Shetland Islands Council; First Defender: Ebrahim Abdullah Hassan; Second Defender: John Hay Leask
Jurisdiction
Scotland
Judgment Date
03 September 2012
Procedural Posture
Summary Cause (recovery of Possession) / Judgment After Proof
Outcome
Order for recovery of possession granted in favour of the pursuers; first defender's motion to adjourn refused; question of expenses reserved.
Legal Topics
Eviction, Breach of Tenancy Agreement, Criminal Conviction and Tenancy, Reasonableness in Eviction, Public Policy on Drug Offences
Housing Law Landlord and Tenant Law Criminal Law Eviction Breach of Tenancy Agreement Criminal Conviction and Tenancy Reasonableness in Eviction Public Policy on Drug Offences

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Parties

Shetland Islands Council

Pursuer

Ebrahim Abdullah Hassan

First Defender

John Hay Leask

Second Defender

Procedural Posture

Summary Cause (recovery of Possession) / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuers have a ground for recovery of possession under paragraph 2 of schedule 2 to the Housing (Scotland) Act 2001
  2. 2 Whether it is reasonable to grant an order for recovery of possession
  3. 3 Whether the proceedings should be adjourned under section 16(1) of the Housing (Scotland) Act 2001

Ratio Decidendi

It is reasonable to grant the order for recovery of possession because the first defender was convicted of a serious drug offence committed in the property, the conduct was solely his, drug dealing causes significant harm to the community, and none of the circumstances advanced by the first defender outweigh the seriousness of the breach. The court is obliged to grant the order under section 16(2)(a) of the Housing (Scotland) Act 2001, and there is no basis for adjourning the proceedings.

Court Disposition

Order for recovery of possession granted in favour of the pursuers; first defender's motion to adjourn refused; question of expenses reserved.

Orders

  • Order for recovery of possession of 17 North Road, Lerwick, Shetland granted to pursuers.
  • First defender's motion to adjourn proceedings refused.