KNOWES HOUSING ASSOCIATION LIMITED v. CORINNE MILLAR [2001] ScotHC 75 (2nd August, 2001)

KNOWES HOUSING ASSOCIATION LIMITED v. CORINNE MILLAR [2001] ScotHC 75 (2nd August, 2001)

When the landlord's interest in a secure tenancy passes from a qualifying landlord to a non-qualifying landlord, the security of tenure under the 1987 Act is lost and the tenancy becomes an assured tenancy under the 1988 Act.

Citation
[2001] ScotHC 75
Parties
Pursuer and Respondent: Knowes Housing Association Limited; Defender and Appellant: Corinne Millar
Jurisdiction
Scotland
Procedural Posture
Appeal / Opinion of the Court on Appeal From the Sheriff Principal
Outcome
appeal dismissed
Legal Topics
Secure Tenancy, Assured Tenancy, Statutory Construction, Change of Landlord, Security of Tenure
Housing Law Landlord and Tenant Law Secure Tenancy Assured Tenancy Statutory Construction Change of Landlord Security of Tenure

Case Brief

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Parties

Knowes Housing Association Limited

Pursuer and Respondent

Corinne Millar

Defender and Appellant

Procedural Posture

Appeal / Opinion of the Court on Appeal From the Sheriff Principal

Legal Issues

  1. 1 Whether the tenancy held by the appellant remained a secure tenancy after transfer of the landlord's interest to a non-qualifying landlord under the Housing (Scotland) Acts 1987 and 1988.

Ratio Decidendi

When the landlord's interest in a secure tenancy passes from a qualifying landlord to a non-qualifying landlord, the security of tenure under the 1987 Act is lost and the tenancy becomes an assured tenancy under the 1988 Act.

Court Disposition

appeal dismissed

Orders

  • case remitted back to the sheriff to proceed as accords