Claire Mullen

In this case, the Scottish Secure Tenancy (SST) had been converted to a short SST, and then back again to an SST.

The term of the original SST was from 17 June 2004 to 01 July 2004 and monthly thereafter. Whereas the terms of the SSST was for 12 months from 23 June 2022. On conversion back to a SST s.37(6) of the 2001 Act provides “The term of the tenancy is the term which applied immediately before the tenancy became a short Scottish secure tenancy.” The defender argued that the effect of this provision was that the tenancy now ran monthly from 23rd rather than 1st such that the date stated in the Notice of Proceedings for Recovery of Possession (NOP) was invalid.

We argued that the defender’s interpretation of s.37(6) of the 2001 Act was incorrect. It was our submission that on conversion back to an SST, original start and end dates of that SST were restored. We submitted that any other construction would create absurdities such that a measure which is intended as a temporary interruption (either 12 or 18 months maximum) would permanently vary the contract between the parties. Further, a variation of the term would result in the rental period running separately to the term.  

The sheriff concurred holding that conversion to a short SST is an interim measure. He did not consider “that parliament intended that any date deriving from that provisional measure should be imported into a tenancy”. 

The sheriff considered this approach offered clarity to parties and ensured that term dates remained in sync with the rental period. We are not aware of any other decisions in respect of this point and while this decision is not binding on other sheriffs or sheriffdoms, it will certainly be persuasive. 

This case shows that landlords must always ensure their Notices of Proceedings include live dates that are in accordance with the terms of their tenancy agreements.

Claire Mullen is a senior associate at TC Young