Almond had asked the court to return possession of the Morlich Walk home, arguing that John Docherty had no right to remain once his mother, who lived there previously under a Scottish Secure Tenancy, passed away in July 2023. Docherty claimed that his conversations with staff meant a new tenancy had been created informally.

Docherty had lived in the property with his mother since 2019. The home had been adapted for wheelchair use, including ramped access and a wet room bathroom. After his mother died, he asked to take over the tenancy, saying he needed the adapted features.

In August 2023, Almond wrote to Docherty confirming he was not entitled to succeed to the tenancy and offering alternative accommodation. When he remained in the property, the association began court action in November.

From December 2023, Docherty began making payments to Almond. The association treated these as occupancy charges, not rent, while the succession issue was being resolved.

Docherty argued that his phone calls with Almond staff showed that both sides had effectively agreed to a new Scottish Secure Tenancy. He said the payments he made should be viewed as rent.

Almond maintained that they had been clear from the outset: he did not have a tenancy, and any payments were simply charges for occupying the property while the case was ongoing.

Sheriff James Macdonald rejected the argument that a new tenancy had been created, noting that the association told Docherty within weeks of his mother’s death that he was not entitled to stay, that payments were irregular and would have left him in arrears if they were rent, and Almond’s repeated challenge of the use of the word “rent”.

In addition, because Almond had taken early and ongoing steps to recover the property, the sheriff found that his continued occupation could not be interpreted as the landlord informally allowing him to stay.

The sheriff concluded that the payments could not be viewed as rent and that no tenancy had been created. As a result, he granted Almond’s request to recover the property.

A full case report can be found on our sister publication, Scottish Legal News.