Leases Flashcards
Joint Administrators of Rangers plc
- Season tickets did not create any real right (lease) in seat.
- Conferred only intermittent right of occupation
- lessee is entitled to exclusive possession
- seat was not exclusive possession
Andert Ltd v J&J Johnston
- subject of lease must be identified (specificity)
- tenant already entered possession
- Subject can be found by possibility of referring to extant of tenant’s possession i.e. address adequate
Shetland Islands Council v BP
- Sulom voe
- No long lease existed due to no specified rent
- Court fixed rent year to year
Glen v Voy
- Possession presumes payment
- Son given house rent free but court did not rebut presumption
- Liable to pay fair value for his occupation
Sec of State for Defence v Johnstone
- Unjustifed enrichment for staying over tenancy
- Liable to pay market rent
Carruthers v Irvine
Perpetual lease valid at common law
Welwood v Husband
999 year lease valid at common law
Gray v Edinburgh University
- If no definite duration, court will imply 1 year lease
- all other cardial elements must be present
- lessee possession
Scottish Residential Estate v Henderson
- A revocable license cannot become a lease
- Held: no license as cottage was not lent for fixed and definite period.
Millar v Mcrobbie
Here offside goals rule did not apply to leases
- unestablished rule
Gyle Shopping
- Not bound by pro-indivisio share (only 1/3 of carpark)
Ross v Duchess of Sutherland
Agreement for rent reduction in lease was not inter naturalia
Bisset v Magistrates of Aberdeen
Option to buy in lease was not inter naturalia
Optical Express Ltd v M&S
Exclusivity agreement in lease was not inter naturalia
Trade Development Bank v Warriner & Mason
Lease set aside due to prior assignation without consent
Trade Development Bank v Crittal Windows
Offside goals? Standard security granted over lease prior to assignation. SS was set aside due to bad faith of creditor
Mars Pension
Parties must make it explicitly clear when they wish to exclude common law implied terms
Graham & Black v Stevenson
Failure of tenant to enter into possession is a material breach of lease
Mickel v McCoard
Tenant liable for damage sustained to property for non-occupation
Wright v Wightman
Landlords hypothec – tenant bound to plenish/stock subject.
Glebe Sugar Refining Co
Reasonable fitness obligation assumes responsible use by tenant.
Gunn
Damages recoverable for landlords failure to carry out repairs
Wolfson v Forrester
No breach of ‘wind and water tight’ obligation of landlord. Failed to bring to landlord’s attention within reasonable time
Retail Park Investments v RBS
- A ‘keep open’ clause will be enforced if clearly drafted
- (require tenant not to merely possess but trade from premises on specific days during specific hours)
Davie v Stork
Tenant could rescind lease for landlords breach of neighbouring shop trade
RBS v Wilson
Upon a monetary default a calling up notice must be served. Cannot go straight to a s24 order
Visionhire Ltd
Endorsed English position on rent review. Time is not of essence, landlord can still review
Salvesen v Riddell
2003 Agri act incompatible with ECHR, art 1, proto 1. Outwith legislative competence of Sco courts.
