THE GLASGOW HOUSING ASSOCIATION Ltd v MARK STUART [2014] ScotSC 106 (15 December 2014)

THE GLASGOW HOUSING ASSOCIATION Ltd v MARK STUART [2014] ScotSC 106 (15 December 2014)

Although statutory grounds for recovery of possession were established, including breach of tenancy, conviction for an imprisonable offence, and anti-social conduct, it was not reasonable to grant decree for recovery of possession in the circumstances. The defender's conduct was isolated, minor, for personal use, caused no actual harm to others, and the landlord failed to consider lesser interventions or the defender's mitigating circumstances. Eviction would be disproportionate.

Citation
[2014] ScotSC 106
Parties
Pursuer: The Glasgow Housing Association Limited; Defender: Mark Stuart
Jurisdiction
Scotland
Judgment Date
15 December 2014
Procedural Posture
Summary Cause (recovery of Possession) / Judgment After Proof
Outcome
Decree of absolvitor granted in favour of the defender.
Legal Topics
Recovery of Possession, Breach of Tenancy Agreement, Anti Social Behaviour, Drug Offences, Reasonableness of Eviction, Public Interest, Statutory Interpretation
Housing Law Landlord and Tenant Criminal Law Recovery of Possession Breach of Tenancy Agreement Anti Social Behaviour Drug Offences Reasonableness of Eviction +2 more

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Parties

The Glasgow Housing Association Limited

Pursuer

Mark Stuart

Defender

Procedural Posture

Summary Cause (recovery of Possession) / Judgment After Proof

Legal Issues

  1. 1 Whether the defender's conduct constituted a breach of the tenancy agreement justifying recovery of possession
  2. 2 Whether the defender's conviction for production of a controlled drug establishes statutory grounds for eviction
  3. 3 Whether the defender acted in an anti-social manner under the Housing (Scotland) Act 2001

Ratio Decidendi

Although statutory grounds for recovery of possession were established, including breach of tenancy, conviction for an imprisonable offence, and anti-social conduct, it was not reasonable to grant decree for recovery of possession in the circumstances. The defender's conduct was isolated, minor, for personal use, caused no actual harm to others, and the landlord failed to consider lesser interventions or the defender's mitigating circumstances. Eviction would be disproportionate.

Court Disposition

Decree of absolvitor granted in favour of the defender.

Orders

  • Action for recovery of possession dismissed.
  • Issue of expenses reserved for further hearing.