References: [2014] UKSC 27, [2014] WLR(D) 198, UKSC 2012/0276
Links: Bailii, WLRD, SC Summary, SC
Coram: Lady Hale, Deputy President, Lord Kerr, Lord Reed, Lord Carnwath, Lord Hodge
Ratio: The appellant was mid-landlord and the respondent the sub-tenant under a now-expired lease. The appellant had wanted repairs to be executed but told the tenant informally. The tenant argued that the lease required formal notice to create an obligation. The landlord now appealed a finding that formal notice had been required.
Held: The Minute of Agreement did not require the mid-landlord to give written notice of its requirement that the licensed works be removed at the end of the sub-lease. Batley avers that it instructed a named firm of chartered surveyors to produce a schedule of dilapidations and that on 22 December 2008 a named surveyor from that firm informed a named official of the Council that the mid-landlord would be requiring the reinstatement of the premises to their original condition.
This case cites:
- Outer House – L Batley Pet Products Ltd v North Lanarkshire Council SCS (Bailii, [2011] ScotCS CSOH_209)
(Outer House) The pursuers were mid-tenants and the responders their sub-tenants. Before the expiry of the sub-lease, the pursuer reqested re-instatement, but the responder now said that thie notice should have been formal to be effective. - Appeal from – Batley Pet Products v North Lanarkshire Council SCS (Bailii, [2012] ScotCS CSIH_83)
(Extra Division) The mid-landlord had requested the sub-tenant to execute repairs before the lease expired. The tenant said that the requirement should have been notified formally to create an obligation. The landlord now appealed against a finding . . - Cited – Duke of Portland v Wood’s Trustees (1926 SC 640)
. . - Cited – Credit Suisse v Beegas Nominees Ltd ChD (Independent 15-Sep-93, [1994] 4 All ER 803)
The landlord had covenanted to maintain, repair amend renew and otherwise keep in good and tenantable condition the structure of the building.
Held: A Landlord’s covenant to keep in good repair can include a duty to put the property into . . - Cited – Jackson v J H Watson Property Investment Ltd QBD (Bailii, [2008] EWHC B1 (QB), Bailii, [2008] EWHC 14 (Ch))
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied . . - Cited – Rainy Sky Sa and Others v Kookmin Bank SC (Bailii, [2011] UKSC 50, [2011] 1 WLR 2900, Bailii Summary, SC Summary, SC, UKSC 2010/0127, [2011] CILL 3105, 138 Con LR 1, [2012] 1 All ER (Comm) 1, [2012] ICR 1)
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . . - Cited – Multi-Link Leisure Developments Ltd v Lanarkshire Council SC (Bailii, [2010] UKSC 47, [2010] 47 EG 141, [2011] 1 All ER 175, [2011] 4 EG 102, 2011 SLT 184, Bailii Summary, UKSC 2010/0028, SC Summary, SC)
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed.
Held: . .
(This list may be incomplete)
Jurisdiction: Scotland
Last Update: 01-Mar-18
Ref: 524664
The post L Batley Pet Products Ltd v North Lanarkshire Council: SC 8 May 2014 appeared first on swarb.co.uk.