Govan Law Centre

N E W S    R E L E A S E Supreme Court victory for hostel resident in Scotland A WOMEN HOSTEL RESIDENT has obtained minimum eviction legal rights for hostel dwellers throughout Scotland by overturning a decision of the Sheriff Principal of Glasgow and Strathkelvin. Today (22 February 2001) in the case of Maria Conway —v- Glasgow City Council, the Inner House of the Court of Session allowed Ms Conway’s appeal; recalled the decision of the Sheriff Principal; restored the decision of Sheriff Gordon; and awarded expenses against the Council. On 24 November 1995, Ms Conway was subjected to a ‘midnight hostel eviction’ without any notice. After living in the Jean Morris Hostel in Glasgow’s Bath Street for six months, she was evicted at 2am following an alleged scuffle involving other hostel residents. Ms Conway maintained she had tried to break-up a fight between 2 other residents, however hostel staff threw all three residents out. No police charges were made. Sheriff Gordon Q.C had held that as a matter of Scots common law it was necessary for reasonable notice to be given to residents before an eviction proceeded. However, this decision was overturned on appeal by Sheriff Principal Bowen Q.C. The appeal victory before the Inner House, took place after the Council threw in the towel at the last minute. The Sheriff Principal’s decision is now recalled and Sheriff Gordon’s view of the law re-instated. Ms Conway’s solicitor, Mike Dailly of Govan Law Centre said: “Hostel owners throughout Scotland had breathed a huge sigh of relief when the Sheriff Principal ruled against Ms Conway. Many hostels owners have enjoyed, and abused, their apparent right to evict homeless people at any time of the day or night”. “Now that the law has been set right by the Inner House and reasonable notice is required, hostel occupiers will have a little more dignity, a little more human rights. But it’s not enough”. “The Scottish Executive wants to make homeless hostels and thing of the past. They are to be congratulated for their serious commitment. However, thousands of vulnerable people in Scotland are still forced to live in conditions akin to a human kennel”. “The pace of change must increase. Dry and warm houses for all is a minimum human standard for 21st century Scotland”. The Housing (Scotland) Bill now makes provision for minimum rights on eviction for hostel occupiers – in response to this case and others fought by law centres in Scotland. The provision in the Housing Bill (currently at Stage 1 in the Scottish Parliament) is an ‘enabling measure’ and therefore detailed ‘rights’ will be made by statutory instrument (unlikely to be earlier then 2002). The case of Conway now provides a current minimum safety net with respect to the common law. ENDS Govan Law Centre