Decision with(Housing andAct 1988

Housing ond Property Chomber

Statement of Reasons of the First-tier Tribunal for ScotlaProperty Chamber) under Section 33 of the Housing (

Chamber Ref: FTS/HPC/EV/I 9/1 935

Re: Property at 2 Black Loch Place, Dunfermline, Fife, KYll fiZDProperty")

Parties:

Kingdom Initiatives Limited, Saltire Centre, Pentland Court, Glenrothes,2DA ("the Applicant")

Miss Danielle Greer, 2 Black Loch Place, Dunfermline, Fife, KYl1 8ZD ("theRespondent")

Tribunal Members:

Gabrielle Miller (Legal Member)

Decision (in absence of the Respondent)

The First-tier Tribunal for Scotland (Housing and Property Ghamber) (

Tribunal") determined that the order for recovery and possession shouldgranted in favour of the Applicant

Backqround

1 . This case was held in conjunction with case FTS lHPClCVll9/1 939.

2. This is an application in terms of Rule 66 of the First-tier Tribunal for ScotlaHousing and Property Chamber (Procedure) Regulations 2017 ("the Rules")The Applicant is seeking an order for recovery of possession in termssection 33 of the Act.

3. The Tribunal had before it the following documents:a) Application dated 1dh June z}fi received by tl, e Housing and

Chamber on 21't June 2019.

First-tier Tribunol for Scotlond

Short Assured Tenancy Agreement signed 19th May 2017.Form AT5 signed by the parties on 19th May 2017 .

Notice to Quit dated 27tn February 2019 requiring vacant possession asat 28th April 2019 with sheriff officer certificate of intimation dated 28thFebruary 2019.Section 33 Notice dated 27rh February 2019 requiring vacantpossession on 28th April 2019 with sheriff officer eertificate of intimationdated 28th February 2019.Section 11 Notice noting date of raising proceedings 19th June 2019.Lease between Kingdom Housing Association Limited and Kingdomlnitiative Limited.

The Tribunal also had title deeds FFE111095

On 12th July 2019, all parties were written to with the date for the CaseManagement Discussion (.CMD') of 21"1 August 2A19 at 2pm at FifeVoluntary Action, 16 East Fergus Place, Kirkcaldy. The letter also requestedallwritten representations be submitted by 3'o August 2019.

On 13th August 2019 the Housing and Property Chamber received and emailfrom the Respondent stating that she was unwell and had been hospitalisedas a result. She asked that the case was postponed.

On 1Sth August 2019 all parties were written to by the Housing and PropertyChamber informing that the case had been postponed.

On 22nd August 2019 all parties were written to advise of the new CMD on 2nd

October 2419 at 10am at the Vine Conference Centre, Dunfermline. Thevenue was subsequently changed to due to unforeseen need at the VineConference Centre.

On 4th September 2019 all parties were written to advising of the change ofvenue for the CMD. The Respondent was also emailed with this letter.

Case Management Discussion

10.The Tribunal held a Case Management Discussion ("CMD') on 2nd October2019 at 1Oam at Fife Voluntary Action, 16 East Fergus Place, Kirkcaldy. TheApplicant was not present but was represented by Mr Graham Reid, solicitorfrom Charles Wood and Son solicitors. The Respondent was not present. TheTribunal proceeded in terms of Rule 29 of the Rules. The Tribunal consideredthe Application. The Respondent was written to on 12th July 2019 asking forany representations to be sent to the Housing and Property Chamber no laterthan 3'o August. The Respondent has corresponded by email with theHousing and Property Chamber but no representations were submitted. MrReid informed the Tribunal that the Respondent last has last made paymentsof €500 on 14th June 2019, fgOO on 30th July 2019 and f1000 on 11th

September 2019. The Respondent has not leave the Property. The Tribunal

b)c)d)

e)

f)

s)

4.

5.

6.

7.

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9.

was satisfied that all the documents had been appropriately served and therewas no ground for discretion.

Eindinqs inlaet

11.The parties entered into a Short Assured Tenancy on 19th May 2017 with thecommencement of the tenancy on 28th November 2017 for a 6 months periodand thereafter continued by tacit relocation. An AT5 was signed by bothparties on the same date as the lease. The rent payments of t461.79 (as at1'I May 2019) are due on the 1st day of each month.

12.The Housing and Property Chamber received an Application on 21"1 June2019.

Reasons for Decision

13.The Tribunal was satisfied that the notices had been served in an appropriatemanner and that a Short Assured Tenancy had been entered into by theparties. Given this the Tribunal was satisfied all appropriate paperuork hadbeen served the Order for repossession was granted.

Decision

14. The Applicant is entitled to for an Order of for recovery of possession.

Right of Appeal

ln terms of Section 46 of the Tribunal (Scotland) Act 2014, a party aggrieved bythe decision of the Tribunal may appeal to the Upper Tribunal for Scotland ona point of law only. Before an appeal can be made to the Upper Tribunal, theparty must first seek permission to appeal from the First-tier Tribunal. Thatparty must seek permission to appeal within 30 days of the date the decisionwas sent to them.

urn A,l C lt-Gabrielle Miller