Cultivating a Tenancy
As a landlord, you may consider that the circumstances of some cases against miscreant tenants are cut and dried when you seek to obtain recovery of possession. Take the recent case of Glasgow Housing Association v Stewart. In this case, the tenant had breached the tenancy agreement by producing a controlled drug (cannabis plants) in the property and had actually been convicted for it.
However, considering all the relevant circumstances, the Sheriff was not prepared to make an order for eviction. The Sheriff considered that it was not reasonable under the whole circumstances of the tenancy. The tenancy was already of 9 years duration and the duration of the conduct in question was 5 weeks. The Sheriff also took into consideration that there had been no prior breaches of the tenancy agreement, the tenant had no alternative accommodation, and there had been a hitherto excellent record by the tenant in respect of his relations with the landlord and his immediate neighbours. He concluded that the conduct had caused no actual alarm, distress, annoyance or nuisance and there were no other aggravating features.