GLASGOW WEST HOUSING ASSOCIATION LTD AGAINST DANUTA HARASIMOWICZ [2015] ScotSC 46 (09 June 2015)
The defender's financial hardship and arguments were speculative and did not demonstrate error by the sheriff; the sheriff reasonably granted decree for recovery of possession due to persistent arrears and breach of tenancy.
- Citation
- [2015] ScotSC 46
- Parties
- Pursuer: Glasgow West Housing Association Ltd; Defender: Danuta Harasimowicz
- Jurisdiction
- Scotland
- Judgment Date
- 23 June 2015
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal refused
- Legal Topics
- Eviction, Rent Arrears, Tenancy Breach, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Glasgow West Housing Association Ltd
Pursuer
Danuta Harasimowicz
Defender
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the sheriff erred in granting decree for ejection and payment of rent arrears
- 2 Whether the defender's circumstances justified recall of decree
Ratio Decidendi
The defender's financial hardship and arguments were speculative and did not demonstrate error by the sheriff; the sheriff reasonably granted decree for recovery of possession due to persistent arrears and breach of tenancy.
Court Disposition
appeal refused
Orders
- Defender found liable to pursuers in expenses of appeal on summary cause undefended scale
Full Case Text
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