ABERDEENSHIRE COUNCIL v. BRYN EVANS [2013] ScotSC 48 (30 July 2013)

ABERDEENSHIRE COUNCIL v. BRYN EVANS [2013] ScotSC 48 (30 July 2013)

The defender's conviction for supply of class A drugs within the property constituted a serious breach of the tenancy agreement and triggered the statutory ground for recovery of possession. The seriousness of the offence, the public interest in deterring drug dealing in social housing, and the minor nature of the property adaptations outweighed the defender's personal circumstances. It was reasonable to grant the order for recovery of possession, and there was no basis to adjourn the proceedings.

Citation
[2013] ScotSC 48
Parties
Pursuer: Aberdeenshire Council; Defender: Bryn Evans
Jurisdiction
Scotland
Judgment Date
30 July 2013
Procedural Posture
Summary Cause / Judgment After Proof
Outcome
Order for recovery of possession granted to pursuers; defender's motion to adjourn refused; expenses reserved for later determination.
Legal Topics
Eviction, Breach of Tenancy Agreement, Drug Offences, Reasonableness of Repossession, Adapted Housing, Public Interest in Eviction
Housing Law Landlord and Tenant Law Public Law Eviction Breach of Tenancy Agreement Drug Offences Reasonableness of Repossession Adapted Housing +1 more

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Parties

Aberdeenshire Council

Pursuer

Bryn Evans

Defender

Procedural Posture

Summary Cause / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuers have established a ground for recovery of possession under the Housing (Scotland) Act 2001
  2. 2 Whether it is reasonable to grant an order for recovery of possession given the defender's conviction for drug offences
  3. 3 Whether adaptations to the property and the defender's personal circumstances outweigh the public interest in eviction

Ratio Decidendi

The defender's conviction for supply of class A drugs within the property constituted a serious breach of the tenancy agreement and triggered the statutory ground for recovery of possession. The seriousness of the offence, the public interest in deterring drug dealing in social housing, and the minor nature of the property adaptations outweighed the defender's personal circumstances. It was reasonable to grant the order for recovery of possession, and there was no basis to adjourn the proceedings.

Court Disposition

Order for recovery of possession granted to pursuers; defender's motion to adjourn refused; expenses reserved for later determination.

Orders

  • Order for recovery of possession of 52 Duncan Street, Banff granted to Aberdeenshire Council.
  • Defender's motion to adjourn proceedings refused.