Wheatley Homes Glasgow LTD against Yasmin Abdi Sharif (Sheriff Court Civil) [2025] SCGLA 002 (22 January 2025)

Wheatley Homes Glasgow LTD against Yasmin Abdi Sharif (Sheriff Court Civil) [2025] SCGLA 002 (22 January 2025)

Although the statutory grounds for recovery of possession were established, eviction would be disproportionate and unlawful under Article 8 ECHR and the Equality Act 2010 because the defender's anti-social behaviour was directly attributable to her mental illness, her condition had stabilised with treatment, the risk of recurrence was low, and eviction would likely cause significant harm to her mental health. The legitimate aims of the landlord could be achieved by less intrusive means, and the balance of interests favoured the defender. Accordingly, the order for possession was refused.

Citation
[2025] SCGLA 002
Parties
Pursuer: Wheatley Homes Glasgow Limited; Defender: Yasmin Abdi Sharif
Jurisdiction
Scotland
Judgment Date
22 January 2025
Procedural Posture
Civil Eviction / Recovery of Possession / Final Judgment at First Instance
Outcome
pursuer's motion for decree refused; decree of absolvitor granted in favour of defender; issue of expenses reserved sine die
Legal Topics
Eviction of Secure Tenant, Anti Social Behaviour, Disability Discrimination, Proportionality Under Article 8 ECHR, Public Sector Landlord Duties, Equality Act 2010, Housing (scotland) Act 2001, Mental Illness and Tenancy, Criminal Convictions and Tenancy, Reasonable Accommodation
Housing Law Human Rights Law Discrimination Law Mental Health Law Eviction of Secure Tenant Anti Social Behaviour Disability Discrimination Proportionality Under Article 8 ECHR +6 more

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Parties

Wheatley Homes Glasgow Limited

Pursuer

Yasmin Abdi Sharif

Defender

Procedural Posture

Civil Eviction / Recovery of Possession / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the pursuer is entitled to recover possession of the property under the Housing (Scotland) Act 2001 given the defender's criminal convictions and anti-social behaviour
  2. 2 Whether eviction would be a disproportionate interference with the defender's right to respect for her home under Article 8 ECHR
  3. 3 Whether eviction would constitute unlawful disability discrimination under the Equality Act 2010

Ratio Decidendi

Although the statutory grounds for recovery of possession were established, eviction would be disproportionate and unlawful under Article 8 ECHR and the Equality Act 2010 because the defender's anti-social behaviour was directly attributable to her mental illness, her condition had stabilised with treatment, the risk of recurrence was low, and eviction would likely cause significant harm to her mental health. The legitimate aims of the landlord could be achieved by less intrusive means, and the balance of interests favoured the defender. Accordingly, the order for possession was refused.

Court Disposition

pursuer's motion for decree refused; decree of absolvitor granted in favour of defender; issue of expenses reserved sine die

Orders

  • Refusal of order for recovery of possession
  • Decree of absolvitor (assoilzies defender)