The Pursuer, a local housing authority, was the landlord of a property occupied by the Defender. The Pursuer sought recovery of possession and payment of arrears of rent after the Defender received a custodial sentence for having a prohibited weapon, a revolver, and counterfeit currency in his possession at the property. There was little dispute over the material facts. Schedule 2 of the Housing (Scotland) Act 2001 sets out grounds on which the court may order recovery of possession. Paragraph 2(b) refers to the tenant having been convicted of an offence punishable by imprisonment committed in, or in the locality of, the house. Section 16(2)(a) provides that the court must make an order for recovery of possession if it appeared that the landlord had a ground for recovery as set out in the relevant part of Schedule 2 and that it was reasonable to make the order. The Defender opposed the order for recovery of possession and argued inter alia that paragraph 2(b) of Part 1 of Schedule 2 was limited to cases of drug dealing only; that, if evicted, he would lose contact with his 6 year old son; and that he would be homeless. The Sheriff heard evidence and considered the relevant statutory factors and also other factors which the parties set out and concluded that the provisions of paragraph 2(b) had been satisfied. He did not accept that paragraph 2(b) was limited to cases of drug dealing only. The offences of which the Defender had been convicted lay at the high end of seriousness and the Defender was solely responsible for the offences. The nature of the area in which the tenant lived was relevant. The Pursuer had gone to some lengths to improve the area and the Sheriff considered that the Pursuer being seen to take action in a case such as this was a relevant consideration. Termination of the tenancy would not mean an end to contact between the Defender and his son, although contact may become more difficult. Balancing all these factors, the Sheriff concluded that the Pursuer had shown that it was reasonable that an order should be granted, together with decree for payment of the rent arrears.
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