Edinburgh v. Johnston, [2005] ScotSC 48 (02 August 2005)

Edinburgh v. Johnston, [2005] ScotSC 48 (02 August 2005)

The defender was not living in her grandmother's home at any time, there were no physical signs of occupation, and no real, tangible and substantial connection was established; therefore, she was not a qualified person under the Housing (Scotland) Act 2001 and did not succeed to the tenancy.

Citation
[2005] ScotSC 48
Parties
Pursuer: City of Edinburgh Council; Defender: Susan Johnston
Jurisdiction
Scotland
Judgment Date
02 August 2005
Procedural Posture
Summary Cause / Judgment
Outcome
decree granted for recovery of possession
Legal Topics
Succession of Tenancy, Principal Home Determination, Qualified Person Under Housing (scotland) Act 2001
Housing Law Property Law Succession of Tenancy Principal Home Determination Qualified Person Under Housing (scotland) Act 2001

Case Brief

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Parties

City of Edinburgh Council

Pursuer

Susan Johnston

Defender

Procedural Posture

Summary Cause / Judgment

Legal Issues

  1. 1 Whether the defender succeeded to her grandmother's secured tenancy as a qualified person under section 22 and Schedule 3, paragraph 3 of the Housing (Scotland) Act 2001
  2. 2 Whether the defender's grandmother's home was the defender's principal home at the time of death

Ratio Decidendi

The defender was not living in her grandmother's home at any time, there were no physical signs of occupation, and no real, tangible and substantial connection was established; therefore, she was not a qualified person under the Housing (Scotland) Act 2001 and did not succeed to the tenancy.

Court Disposition

decree granted for recovery of possession

Orders

  • Defender to flit and remove herself, family, sub-tenants and dependants with goods and possessions from 49/2 Restalrig Square, Edinburgh.
  • Defender liable for expenses as a legally assisted person, liability modified to nil.