
Majid v Gaffney [2019] UT 59
In October 2019 the housing division of the Upper Tribunal for Scotland in the case of Majid v Gaffney ruled that the eviction ground being relied upon by a landlord when serving a Notice to Leave had to apply at the time of service of the Notice to leave. The eviction ground relied upon in that case was Ground 12 – rent arrears which meant that as at the date of service of the Notice to Leave the tenant must have been in rent arrears for three or more consecutive months. It transpired the tenant was not in rent arrears for three or more consecutive months when the Notice to Leave was served on him. The court ruled that simply owing rent when the Notice to Leave was served did not mean that Ground 12 applied and thus rejected the landlord’s application for an eviction order.