| back |  home |

The Glasgow Housing Association Ltd (GHA Ltd) on Thursday 22 July 2004 instructed sheriff officers to  evict a Govan woman suffering from a serious illness. The eviction was unlawful because an application for recall of decree had been warranted at Glasgow Sheriff Court and served on the GHA on Friday 16 July 2004.

Once a Minute for Recall of Decree is formally served on a landlord, the rules of court state that no further enforcement action can take place. George Walker & Co., acting on behalf of the GHA Ltd entered the woman’s home on the morning on 22 July 2004 while she was at the local shops. She returned to find her locks changed and officers in the process of ejecting her possessions onto the street.

The woman managed to get back into her house to telephone Govan Law Centre, and Mike Dailly, Principal Solicitor spoke to the Sheriff Officers to advise them that the eviction was unlawful and they were committing a criminal offence as they had no legal authority to proceed in light of the Minute for Recall warranted by Glasgow Sheriff Court. The Sheriff Officers agreed to stop.

Mike Dailly, Principal Solicitor said:

"I have reported the action of the GHA Ltd to the Regional Procurator Fiscal for Glasgow as I am concerned that the GHA Ltd may have committed two separate criminal offences under the Rent (Scotland) Act 1984".

"In my 10 years practice as a housing lawyer I have never known any landlord to be so incompetent or reckless to carry out an eviction after intimation of a minute for recall of decree. This is inexcusable behaviour by Scotland’s largest landlord. Our sheriff officers formally placed the court document in the hands of the GHA on Friday 16 July – upon receipt they should have immediately cancelled any enforcement action".

"I will be utlising the rarely used common law remedy of wrongful diligence on behalf of my client. This proceeds as an action of damages in the Sheriff Court".

Baillie John Flanagan, City Councillor for Govan said:

"I am alarmed that the GHA Ltd would carry out an eviction after a minute for recall of decree had been served. I have today taken this matter up directly with Michael Lennon, CEO of GHA Ltd. Mr Lennon has acknowledged my concerns with respect to my constituent and has undertaken to investigate this matter urgently".

ENDS

Note: the arrears in this case are just over £1,000; they were accrued due to the Council making deductions from the tenants’ housing benefit after an overpayment of benefit decision; this has put the tenant into rent arrears; the tenant has a weekly income of £68 per week (from incapacity benefit).