Court suspends eviction despite lock change

Tenant's presence showed eviction not yet complete when suspension sought

News, 14 February 2007

A Glasgow Housing Association tenant has won an interim suspension of an eviction order after sheriff officers called off removing her from her flat even after they had changed the lock on the door.

Elizabeth Brown, a single mother with a 14-year-old son, had had decree for ejection pass against her on the grounds of rent arrears and then recalled with an order for instalment payments towards arrears. After failing to keep up with these payments - she claimed she thought they were fortnightly rather than weekly - or to appear at further hearings, decree was granted again.

When she heard on 19 January that eviction was to take place on the 22nd, she contacted solicitors who brought the present proceedings. Sheriff officers were already at the flat and had changed the lock when they were advised that a hearing would be needed because GHA had lodged a caveat in court. Ms Brown and her belongings were still inside the flat.

GHA pointed to previous decisions that once the locks had been changed, eviction was complete. But Lord Glennie in the Court of Session pointed out that none of these cases involved a tenant actually present on the premises. He ruled: "The difference is of importance for this reason, that while the changing of the locks achieves the aim of securing the property for the landlord against the tenant when the tenant is out of the property, it can hardly do so when the tenant is within."

He therefore rejected GHA's challenge to the competency of the proceedings and granted an interim order having regard to the merits of the case, allowing Ms Brown a full hearing on whether the eviction order should be suspended.

Lord Glennie's decision can be read at http://www.scotcourts.gov.uk/opinions/2007CSOH32.html .