Your Home Partners against Michael William Kellichan and Michelle Hood (Sheriff Court Civil) [2026] SCKDY 34 (19 January 2026)

Your Home Partners against Michael William Kellichan and Michelle Hood (Sheriff Court Civil) [2026] SCKDY 34 (19 January 2026)

The sheriff court lacks jurisdiction over civil proceedings arising from a private residential tenancy, including claims for rent arrears after the tenancy has ended; such claims must be brought before the First-tier Tribunal (Housing and Property Chamber) pursuant to section 71(1) of the 2016 Act.

Citation
[2026] SCKDY 34
Parties
Claimant: Your Home Partners (David Meek and Leslie Meek, partners and trustees); First Respondent: Michael William Kellichan; Second Respondent: Michelle Hood
Jurisdiction
Scotland
Judgment Date
19 January 2026
Procedural Posture
Simple Procedure Civil Claim / Jurisdictional Ruling / Dismissal
Outcome
claim dismissed for want of jurisdiction
Legal Topics
Private Residential Tenancy, Jurisdiction, Rent Arrears, Exclusive Competence of First Tier Tribunal, Use of Artificial Intelligence in Legal Submissions, Contempt of Court
Landlord and Tenant Civil Procedure Private Residential Tenancy Jurisdiction Rent Arrears Exclusive Competence of First Tier Tribunal Use of Artificial Intelligence in Legal Submissions Contempt of Court

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Parties

Your Home Partners (David Meek and Leslie Meek, partners and trustees)

Claimant

Michael William Kellichan

First Respondent

Michelle Hood

Second Respondent

Procedural Posture

Simple Procedure Civil Claim / Jurisdictional Ruling / Dismissal

Legal Issues

  1. 1 Whether the sheriff court has jurisdiction to hear a claim for rent arrears arising from a terminated private residential tenancy
  2. 2 Whether such claims must be brought before the First-tier Tribunal (Housing and Property Chamber)

Ratio Decidendi

The sheriff court lacks jurisdiction over civil proceedings arising from a private residential tenancy, including claims for rent arrears after the tenancy has ended; such claims must be brought before the First-tier Tribunal (Housing and Property Chamber) pursuant to section 71(1) of the 2016 Act.

Court Disposition

claim dismissed for want of jurisdiction

Orders

  • The claim is dismissed as the sheriff court has neither jurisdiction nor competence to make the order sought.