Terra Firma’s Kenneth Young successfully represented the tenant in an action for repossession by a housing association.  The case raised several important points around the application of ECHR Article 8 and the Equality Act 2010.

Wheatley Homes raised an action to recover possession of a property occupied by Yasmin Sharif, who was convicted of various anti-social and criminal behaviour offences between 2017 and 2021.  Instructed by Shelter on behalf of the tenant, Kenneth Young argued that evicting her would constitute disability discrimination as the behaviour complained of arose from her psychiatric disorder and it was therefore not reasonable to evict her under section 16(2)(a) of the Housing (Scotland) Act 2001.

Sheriff Reid ruled that it would be disproportionate for a housing association to evict a tenant under a Scottish secure tenancy with a lifelong psychiatric disorder and refused to grant the order as craved, granting decree of absolvitor in favour of the defender.

For the full decision, please follow this link.