AI and Landlords

Written by Elaine Elder and Hannah Campbell

A recent Scottish judgment has highlighted a growing issue and concern about the misuse of artificial intelligence (“AI”) in court proceedings. In Your Home Partners v Kellichan and Another (2026) SC KDY 34, the Sheriff issued a strong warning about the dangers of relying on AI generated legal materials without proper verification. The consequences, as this case demonstrates, can be serious.

In this case, the claimant – a landlord – raised a Simple Procedure claim seeking recovery of rent arrears from former tenants. As many landlords will be aware, the First‑Tier Tribunal for Scotland (Housing and Property Chamber) (“the Tribunal”) has, since 2017, held exclusive jurisdiction for almost all tenancy related matters, including rent arrears and eviction orders.

The Sheriff therefore refused the Simple Procedure claim at the outset, as the Sheriff Court is not the correct forum for such disputes. However, the claimant lodged detailed submissions arguing the opposite, relying on what they believed were Tribunal decisions supporting their position.

The problem was that these legal submissions, case law and statutory provisions were generated by AI tools and several of these authorities simply did not exist.

The Sheriff made clear that submitting false legal references, whether intentional or not, risks obstructing justice and may amount to contempt of court. Parties, including lay individuals, have a duty to check the accuracy of any legal authority before presenting it to the court. While the claimant was ultimately not found in contempt, the Sheriff stressed that reckless reliance on AI carries significant dangers, particularly where the court depends on accuracy to make decisions.

This judgment is an important reminder that although AI is becoming an increasingly common tool, it cannot replace professional legal advice or proper verification.

The case also provides a timely reminder for landlords that the Tribunal has exclusive jurisdiction for civil proceedings arising from a private residential tenancy. Raising proceedings in the wrong forum will inevitably result in dismissal, wasted time, additional cost, and delay.  Given the risks, it is essential that landlords seek early legal advice before serving notices to terminate a tenancy, taking steps to recover rent arrears or commencing eviction proceedings.

At Aberdein Considine LLP, we offer tailored advice or support to landlords in respect of all tenancy related matters and offer competitive fixed fee options across a range of services.

Please contact our Elaine Elder or Hannah Campbell for further guidance.