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Scotland Case Law

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Property-law [2025] SACCIV 16

Xafinity Pension Trustees Ltd against Yanli Zhao (Sheriff Appeal Court Civil)

Xafinity Pension Trustees Ltd against Yanli Zhao (Sheriff Appeal Court Civil) [2025] SACCIV 16 (18 June 2025)

An appeal against summary decree for lease irritancy, ejectment, and rent arrears was refused. The court held no relevant defence was pled or proved.

  • Irritancy-of-lease
  • Eviction
  • Arrears-of-rent
  • Assignation-of-lease
  • Summary-decree
  • Personal-bar
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Housing-law [2025] SCHAM 59

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil)

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil) [2025] SCHAM 59 (10 June 2025)

The sheriff granted South Lanarkshire Council decree for recovery of possession against a tenant convicted of a serious drug offence, holding eviction proportionate under Article 8.

  • Eviction
  • Streamlined-eviction-procedure
  • Public-sector-equality-duty
  • Proportionality
  • Article-8-echr
  • Reasonable-adjustments
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Housing-law [2025] SCGLA 001

Drumchapel Housing Co-Operative Ltd against Stacey Kelly (Sheriff Court Civil)

Drumchapel Housing Co-Operative Ltd against Stacey Kelly (Sheriff Court Civil) [2025] SCGLA 001 (30 January 2025)

A sheriff granted a housing co-operative decree for recovery of possession after a secure tenant was convicted of a drug offence committed in the flat.

  • Eviction
  • Public-sector-landlord
  • Proportionality
  • Article-8-echr
  • Criminal-conviction
  • Drug-offences
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Housing-law [2025] SCGLA 002

Wheatley Homes Glasgow LTD against Yasmin Abdi Sharif (Sheriff Court Civil)

Wheatley Homes Glasgow LTD against Yasmin Abdi Sharif (Sheriff Court Civil) [2025] SCGLA 002 (22 January 2025)

A Scottish sheriff refused eviction of a secure tenant, holding that possession would be disproportionate under Article 8 and unlawful disability discrimination.

  • Eviction-of-secure-tenant
  • Anti-social-behaviour
  • Disability-discrimination
  • Proportionality-under-article-8-echr
  • Public-sector-landlord-duties
  • Equality-act-2010
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Property-law [2024] SC INV 17

EH1 PROPERTIES LTD AGAINST ALEXANDRA MARY MCLEAN OR ROBBERTS & Ors

EH1 PROPERTIES LTD AGAINST ALEXANDRA MARY MCLEAN OR ROBBERTS & Ors [2024] SC INV 17 (02 April 2024)

The sheriff court granted EH1 Properties Ltd possession of the property and ordered the respondents to vacate, finding the lease validly terminated and arrears established.

  • Landlord-and-tenant
  • Eviction
  • Possession-proceedings
  • Property-law
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Housing-law [2023] ScotSAC Civ 26

J(AP) v THE GLASGOW HOUSING ASSOCIATION LIMITED

J(AP) v THE GLASGOW HOUSING ASSOCIATION LIMITED [2023] ScotSAC Civ 26 (30 July 2023)

The Sheriff Appeal Court dismissed an appeal against an eviction order, holding that the statutory requirements were met and the tenant’s rights were considered.

  • Eviction
  • Tenancy
  • Appeal-process
  • Housing-law
  • Civil-appeal
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Civil-procedure [2023] ScotCS CSOH_42

MOHAMMAD SHARIF & ANOTHER AGAINST DR MOHAMMED MOUGHAL

MOHAMMAD SHARIF & ANOTHER AGAINST DR MOHAMMED MOUGHAL [2023] ScotCS CSOH_42 (30 June 2023)

The Court of Session refused to dismiss a reduction action challenging a First-tier Tribunal eviction order, holding the pleadings could disclose exceptional circumstances.

  • Reduction-of-decree
  • Misrepresentation
  • Trust-deed
  • Eviction
  • Substantial-justice
  • Exceptional-circumstances
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Housing-law [2023] SC FAL 4

FALKIRK COUNCIL AGAINST D

FALKIRK COUNCIL AGAINST D [2023] SC FAL 4 (25 January 2023)

The sheriff court granted Falkirk Council’s eviction request, finding the statutory grounds were met and that eviction was reasonable under the housing legislation.

  • Eviction
  • Local-authority-powers
  • Housing-law
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Housing-law [2023] ScotSAC Civ 15

APPEAL BY CRAIG HILL v ANGUS COUNCIL

APPEAL BY CRAIG HILL v ANGUS COUNCIL [2023] ScotSAC Civ 15 (12 January 2023)

Scottish sheriff appeal concerning eviction proceedings under housing legislation. The appeal was refused after the court held Angus Council had complied with the relevant statutory duties.

  • Statutory-interpretation
  • Eviction
  • Public-authority-duties
  • Housing-law
  • Local-government-law
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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.