Drumchapel Housing Co-Operative Ltd against Stacey Kelly (Sheriff Court Civil) [2025] SCGLA 001 (30 January 2025)

Drumchapel Housing Co-Operative Ltd against Stacey Kelly (Sheriff Court Civil) [2025] SCGLA 001 (30 January 2025)

The pursuer established a statutory ground for recovery of possession due to the defender's conviction for a serious drug offence committed at the property. The procedural requirements for eviction were met. The defender failed to prove that eviction would be a disproportionate interference with her Article 8 ECHR rights, as her mental health issues were not exceptional or compelling, and the public interest in removing a source of criminal nuisance outweighed her personal circumstances. No less intrusive means would achieve the legitimate aim. The eviction was also reasonable under the statutory test.

Citation
[2025] SCGLA 001
Parties
Pursuer: Drumchapel Housing Co-Operative Ltd; Defender: Stacey Kelly
Jurisdiction
Scotland
Judgment Date
30 January 2025
Procedural Posture
Civil Eviction (recovery of Possession) / Judgment After Proof (trial)
Outcome
Decree granted for recovery of possession as craved; order for removal of defender and her household; issue of expenses reserved sine die.
Legal Topics
Eviction, Public Sector Landlord, Proportionality, Article 8 ECHR, Criminal Conviction, Drug Offences, Secure Tenancy, Streamlined Eviction, Reasonableness, Mental Health, Community Impact
Housing Law Human Rights Law Criminal Law Eviction Public Sector Landlord Proportionality Article 8 ECHR Criminal Conviction +6 more

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Parties

Drumchapel Housing Co-Operative Ltd

Pursuer

Stacey Kelly

Defender

Procedural Posture

Civil Eviction (recovery of Possession) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer is entitled to recover possession of the property under the Housing (Scotland) Act 2001 due to the defender's criminal conviction for drug offences committed at the property
  2. 2 Whether eviction is a proportionate interference with the defender's Article 8 ECHR right to respect for her home
  3. 3 Whether the eviction is reasonable under section 16(2)(a)(ii) of the 2001 Act

Ratio Decidendi

The pursuer established a statutory ground for recovery of possession due to the defender's conviction for a serious drug offence committed at the property. The procedural requirements for eviction were met. The defender failed to prove that eviction would be a disproportionate interference with her Article 8 ECHR rights, as her mental health issues were not exceptional or compelling, and the public interest in removing a source of criminal nuisance outweighed her personal circumstances. No less intrusive means would achieve the legitimate aim. The eviction was also reasonable under the statutory test.

Court Disposition

Decree granted for recovery of possession as craved; order for removal of defender and her household; issue of expenses reserved sine die.

Orders

  • Order for removal of the defender, her family, sub-tenants and dependants, with all goods and possessions, from the property known as Flat 2/2, 19 Merryton Avenue, Drumchapel, Glasgow, G15 7PR.
  • Issue of expenses reserved sine die.