Repossession of SSSTs and Article 8 of the ECHR
Article 8 of the European convention on human rights (ECHR) protects individuals’ right to respect for their home, along with their private and family life. Previously, this had been used to defend a possession action in respect of short Scottish secure tenancies.
Defending a Possession Action
It is now a legal requirement for landlords to give a reason for seeking recovery of a short Scottish secure tenancy along with a right to review the decision. There is a time limit of 14 days to request a review.
A client with a short Scottish secure tenancy who is facing eviction should be referred to a specialist housing solicitor.
You may still find useful information on the page possession of Scottish secure tenancies and article 8 of the ECHR which has more information on the legal background for article 8 challenges.