Monday, August 12, 2019
Housing Law Assignment Essay Example | Topics and Well Written Essays - 3000 words
Housing Law Assignment - Essay Example The procedure for evicting a Scottish secure tenant is provided in the Housing (Scotland) Act 2001. Schedule 2 to the said act provides grounds on which court may order recovery of possession. The landlord has to satisfy the sheriff that you have failed to pay rent due and also that it is reasonable to evict you, considering various factors such as the amount of arrears, reason for arrears including unemployment, past history of tenant, duties of the local authority pursuant to orders of eviction with regard to social welfare legislation e.g. Children (Scotland) Act 1995. You can take the following lines of defence. (1)       Your employment was interrupted because of ill health and also because you did not get permanent employment. That you were hospitalized is also a factor which will be considered in your favour. (2)       You are now receiving benefits from the government, and you pay your rents out of these. As per the observation in W oodspring DC v. Taylor [3], receipt of benefits by a tenant is a material factor to be considered while deciding the application for eviction. Similarly, in Angus Housing Association v. Fraser [4] it was held that the sheriff should consider the fact that arrears direct are being paid and rent is taken care of by housing benefit. (3)       The fact that you were sequestrated prior to the decree being passed against you means that it has not been considered by the sheriff. This is another important factor in your possible defence. (4)       The landlord tenant relationship imposes duties on the landlord. The windows of your bedroom are badly fitting and your landlord has not carried out repairs even after seven months of his being informed. It is not clear from the instructions, but additional expenditure for heating due to the condensation may have led to arrears or a part of it. Also, you are entitled to withhold rent till the landlord ca rries out the repairs necessary. As per the observation in Mary Galloway -v- City of Glasgow Council [5], the landlord should have repaired the house within a reasonable period from the date of notice and if not then they would be in breach of express and implied obligations to repair the house. (5)       Your landlord should have taken into account the fact that you are unemployed. Your limited income and ill health caused in all probability by the improper condition of the house are also considerable factors while deciding reasonability of eviction.            According to a government assessment, about 40% of cases bought to the court resulted in a decree for eviction being issued. Less than 23% of the total cases bought to the court resulted in eviction.[6] On the basis of facts as you narrate them, there is a good chance of avoiding eviction. You can also seek full unemployment benefit from the government, as well as benef its for families. You are entitled for benefits because your children are dependant on you. Her Majesty’s Customs and Revenue department provides these benefits. It will take one year before some of your debts are automatically discharged. It will be of help to prepare a list of your creditors and see if you can defer payment to them until such time as you can get
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