A lease had been granted to the University for student accommodation. The rent was to vary along with average rent increases for such accommodation in other Scottish Universities. The question was what bodies were included, either all bodies such designated at the time of the grant, or all such at the time of the rent review.
Held: The court is seeking to identify and declare the intention of the parties to the lease as expressed. Neither construction yields a result that is absurd, or inconsistent with attainment of the purpose of the rent review clause. The intention of the clause was that the rent should keep pace with the market as a whole. That required inclusion of all university bodies at the date of the review.
[2001] ScotCS 219, [2001] ScotHC 102
Bailii, Bailii
Scotland
Citing:
Distinguished – The Carnegie Trustees for the Universities of Scotland v The University of St Andrews HL 1968
The truster had left funds applying the income inter alia to the improvement and expansion of ‘the Universities of Scotland’. When the trust was created in 1901 only the four ancient universities existed. When Strathclyde and Heriot-Watt . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.166517