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Property law [2025] SCLIV 101

Almond Housing Association LTD against John Docherty (Sheriff Court Civil)

Almond Housing Association LTD against John Docherty (Sheriff Court Civil) [2025] SCLIV 101 (21 October 2025)

A sheriff court held that no Scottish Secure Tenancy arose after a tenant’s death, finding no consensus in idem and granting decree for possession to the landlord.

  • Scottish secure tenancy
  • Succession to tenancy
  • Violent profits
  • Occupancy charge
  • Statutory landlord duties
  • Scottish-secure-tenancy
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Housing law [2025] SCHAM 12

East Kilbride Housing Association Ltd against T (Sheriff Court Civil)

East Kilbride Housing Association Ltd against T (Sheriff Court Civil) [2025] SCHAM 12 (31 August 2022)

A sheriff refused eviction by a housing association after finding that the streamlined possession procedure would disproportionately interfere with the tenant’s Article 8 rights.

  • Eviction
  • Scottish secure tenancy
  • Proportionality
  • Article 8 echr
  • Drug offences
  • Streamlined eviction procedure
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Housing law [2022] SC HAM 26

NORTH LANARKSHIRE COUNCIL AGAINST LYNSEY KELLY

NORTH LANARKSHIRE COUNCIL AGAINST LYNSEY KELLY [2022] SC HAM 26 (10 March 2022)

A sheriff granted North Lanarkshire Council recovery of possession against its tenant after her son was convicted of serious drug supply offences at the property.

  • Recovery of possession
  • Eviction
  • Retrospectivity
  • Proportionality
  • Article 8 echr
  • Drug offences
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Housing law [2018] ScotCS CSIH_23

CAVEN AGAINST IRVINE HOUSING ASSOCIATION

CAVEN AGAINST IRVINE HOUSING ASSOCIATION [2018] ScotCS CSIH_23 (29 March 2018)

The court held that a tenancy exchange ended the appellant's preserved right to buy, leaving her subject to the suspended modernised right to buy.

  • Right to buy
  • Scottish secure tenancy
  • Transitional provisions
  • Statutory interpretation
  • Right-to-buy
  • Scottish-secure-tenancy
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Housing law [2012] ScotSC 60

EAST LOTHIAN COUNCIL v. BARRY DUFFY AND OTHERS

EAST LOTHIAN COUNCIL v. BARRY DUFFY AND OTHERS [2012] ScotSC 60 (09 May 2012)

The sheriff granted recovery of possession of a Scottish secure tenancy after finding the tenants had left, could not reasonably secure an assignation, and eviction was reasonable.

  • Scottish secure tenancy
  • Recovery of possession
  • Assignation of tenancy
  • Qualifying occupier rights
  • Reasonableness in eviction
  • Scottish-secure-tenancy
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Housing law [2010] ScotSC 5

South Lanarkshire Council v. McKenna

South Lanarkshire Council v. McKenna [2010] ScotSC 5 (22 April 2010)

The sheriff held that a converted Short Scottish Secure Tenancy under the 2001 Act is for a minimum six-month term, and the pursuers’ case was sound in law.

  • Short scottish secure tenancy
  • Scottish secure tenancy
  • Notice to quit
  • Tacit relocation
  • Minimum term of tenancy
  • Conversion of tenancy
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Housing law [2006] ScotSC 51

Aberdeen City Council v. Shauri

Aberdeen City Council v. Shauri [2006] ScotSC 51 (26 May 2006)

Appeal against decree for recovery of possession in a Scottish secure tenancy was refused. The sheriff principal held the rent arrears and speculative asylum issues did not justify reponing.

  • Eviction
  • Scottish secure tenancy
  • Rent arrears
  • Asylum seeker rights
  • Legal aid
  • Judicial review
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Housing law [2004] ScotSC 32

City Of Edinburgh Council v. Porter

City Of Edinburgh Council v. Porter [2004] ScotSC 32 (04 May 2004)

A Scottish sheriff held that a qualifying occupier could seek recall of a decree and be sisted as a party in a housing recovery action.

  • Scottish secure tenancy
  • Recovery of possession
  • Recall of decree
  • Qualifying occupier rights
  • Recall-of-decree
  • Qualifying-occupier-rights
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Housing law [2004] ScotSC 22

Angus Housing Association v. Fraser

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

Sheriff Court case about rent arrears and possession under the Housing (Scotland) Act 2001. Decree was granted for reduced arrears, possession, and expenses.

  • Recovery of possession
  • Rent arrears
  • Eviction
  • Scottish secure tenancy
  • Reasonableness of eviction
  • Housing benefit
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Landlord and tenant [2004] ScotSC 4

Grampian Housing Association v. Pyper

Grampian Housing Association v. Pyper [2004] ScotSC 4 (19 January 2004)

The sheriff principal refused a tenant’s appeal against an order for possession, holding the tenancy had not become a Scottish secure tenancy and that eviction was reasonable despite arrears.

  • Assured tenancy
  • Statutory assured tenancy
  • Scottish secure tenancy
  • Eviction
  • Arrears of rent
  • Reasonableness of possession orders
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.