Eviction appeals are not second chances

Glasgow West Housing Association Ltd v Harasimowicz, a case appealed to the sheriff principal, concerned the tenant’s failure to occupy her tenancy address or make payment of rent since December 2013. When the case called, decree for eviction, payment of arrears and expenses had already been granted. The matter called again in respect of a minute for recall in 2015. Having no discretion to refuse the minute, Sheriff Wood recalled the decree. He then heard submissions that it would not be reasonable to grant decree, on the basis that the tenant was now in a position to enter into a repayment arrangement. Not satisfied that the information submitted by the defender’s representatives amounted to a defence, Sheriff Wood granted decree for eviction, payment and expenses again.

A note of appeal was lodged which relied on the sheriff’s failure to assign an evidential hearing, or further continuation of the matter. The appeal was heard by Sheriff Principal Scott QC. The tenant attended personally as her representatives had withdrawn.The tenant attempted to justify her appeal on the basis that she had previously fallen on hard times, but was now in a better financial position to address the accrued debts. However, the appeal was ultimately refused, with Sheriff Principal Scott QC noting:

“Appeals in cases of this nature should never amount to an appellant, in effect, requesting that the court should give the appellant ‘a second chance’… Too often, as it would appear in this case, appeals are lodged with grounds which… are speculative and woolly. In effect, they serve to buy more time for an appellant whose overall circumstances suggest that eviction is not just reasonable but inevitable”.

Sheriff Principal Scott QC’s judgment reminds us all that the appeal process is not merely a second bite at the cherry. As per the Sheriff Court Rules, any note of appeal must specify the point of law upon which the appeal is to proceed.