IN SUMMARY APPLICATION B22/15 HAMISH JAMES KIRK AGAINST DILBAGH SINGH [2015] ScotSC 27 (25 March 2015)

The defender's default was serious but not at the most serious end of the scale, and mitigating circumstances warranted a sanction of £500, which is fair, proportionate and just.

Citation: [2015] ScotSC 27
Parties: Pursuer: Hamish James Kirk; Defender: Dilbagh Singh
Jurisdiction: Scotland
Judgment Date: 25 March 2015
Procedural Posture: Summary Application / Judgment After Hearing
Outcome: Declarator granted for crave 1; sanction of £500 with interest ordered; crave 3 dismissed as not insisted upon; defender found liable for expenses of £183.72.
Legal Topics: Tenancy Deposit Protection, Sanctions for Non Compliance, Expenses in Summary Application

Landlord and Tenant Civil Procedure Tenancy Deposit Protection Sanctions for Non Compliance Expenses in Summary Application

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 6

Parties

Hamish James Kirk

Pursuer

Dilbagh Singh

Defender

Procedural Posture

Summary Application / Judgment After Hearing

Legal Issues

1 Whether the defender complied with regulations 3 and 42 of the Tenancy Deposit Schemes (Scotland) Regulations 2011
2 Appropriate sanction for non-compliance under regulations 9 and 10

Ratio Decidendi

The defender's default was serious but not at the most serious end of the scale, and mitigating circumstances warranted a sanction of £500, which is fair, proportionate and just.

Court Disposition

Declarator granted for crave 1; sanction of £500 with interest ordered; crave 3 dismissed as not insisted upon; defender found liable for expenses of £183.72.

Orders

Declarator in terms of crave 1 granted
Sanction of £500 with interest ordered