How you look in court is important

 WHETHER by training or instinct, the best Sheriffs are observers. They tend not to miss very much.

The Defender in the case of Russel-Smith & others v Uchegbu never spoke in court before Sheriff Welsh. But her demeanor was still a significant factor in the outcome of her case.

Ms Russel-Smith and two other tenants brought their landlady to court because she had failed to handle the money they put up as deposits for the flat in the correct way. After it was paid to her, she left this in her own bank account instead of sending it to an independent fund, which has been compulsory since 2012.

The Edinburgh University students had not lost any of the £1550 they had paid, but it had taken nine months for their deposit to be legally protected, and during that time the local council had written to the landlady twice to try to get her to comply.

Sheriff Thomas Welsh QC had to decide what level of compensation the tenants were entitled to for the breach under the Tenancy Deposit Schemes (Scotland) Regulations 2011.

As well as the facts and the law, he also took a little guidance from William Shakespeare. The tenants sought the maximum allowed, £4650. The Sheriff took account of the duration of the breach, and the fact the tenants had to resort to the courts.

But he also accepted that the landlady, who lived in London and worked as a biology professor, had learned her lesson, and was not willfully defiant of the rules. Although she had a lawyer who spoke for her in court and gave no evidence, he was also influenced by what he made of her.

Quoting from Macbeth, the Sheriff added: "I had the benefit of seeing the defender during the proceedings and while it may be said; ‘There’s no art to find the mind’s construction in the face’, I am satisfied the assurances given by (her lawyer) Mr Wells, that she deeply regrets the position she now finds herself in, are genuine."

He awarded the tenants £1853, plus expenses of £303.

Contact Us

Beltrami and Company offer a high quality service to all clients, whether the case is legal aided or privately funded. Clients can be assured of complete confidentiality and discretion.

*Beltrami & Co advise landlords and tenants on property disputes, including court representation.