Angus Housing Association v. Fraser [2004] ScotSC 22 (22 March 2004)

Angus Housing Association v. Fraser [2004] ScotSC 22 (22 March 2004)

The defender is in substantial arrears of rent (£1,448.60) and has failed to make reasonable efforts to pay or communicate with the pursuer. Despite her personal and family circumstances, it is reasonable to grant recovery of possession and decree for arrears, as the defender's conduct and persistent non-payment outweigh mitigating factors.

Citation
[2004] ScotSC 22
Parties
Pursuer: Angus Housing Association Limited; Defender: Gillian Fraser
Jurisdiction
Scotland
Judgment Date
22 March 2004
Procedural Posture
Civil / Judgment After Proof
Outcome
Decree granted for arrears of £1,448.60 with interest, recovery of possession, and expenses against the defender.
Legal Topics
Recovery of Possession, Rent Arrears, Eviction, Scottish Secure Tenancy, Reasonableness of Eviction, Housing Benefit
Housing Law Landlord and Tenant Law Civil Procedure Recovery of Possession Rent Arrears Eviction Scottish Secure Tenancy Reasonableness of Eviction +1 more

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Parties

Angus Housing Association Limited

Pursuer

Gillian Fraser

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defender is in arrears of rent and by how much
  2. 2 Whether it is reasonable to grant an order for recovery of possession under Section 16(3)(a) of the Housing (Scotland) Act 2001
  3. 3 Whether certain sums claimed by the pursuer constitute rent arrears

Ratio Decidendi

The defender is in substantial arrears of rent (£1,448.60) and has failed to make reasonable efforts to pay or communicate with the pursuer. Despite her personal and family circumstances, it is reasonable to grant recovery of possession and decree for arrears, as the defender's conduct and persistent non-payment outweigh mitigating factors.

Court Disposition

Decree granted for arrears of £1,448.60 with interest, recovery of possession, and expenses against the defender.

Orders

  • Decree for payment of £1,448.60 with interest at 8% per annum from 18 July 2003 until payment.
  • Order for recovery of possession of 16 Torwood Place, Dundee.