(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 that the informal notice was effective.
Held: The appeal succeeded. The reclaiming motion was granted, and the claim dismissed. Absent a written notice before the expiry of the sub-lease, the Council was not obliged under clause 2.5 of the Minute of Agreement to dismantle and remove the works and reinstate the sub-let premises. They also held that Batley had not averred a relevant basis for its alternative claim. They referred to the Council’s submission that Batley had not pleaded that they had given the Council any indication before the expiry of the sub-lease that any work was required under clause 3.12 of the head lease. They concluded that Batley had no sufficient averments of the obligations for which it sought relief.
Judges:
Lord Clarke, Lord Hardie and Lord Bonomy
Citations:
[2012] ScotCS CSIH – 83
Links:
Citing:
Outer House – L Batley Pet Products Ltd v North Lanarkshire Council SCS 20-Dec-2011
(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.
Cited by:
Appeal from – L Batley Pet Products Ltd v North Lanarkshire Council SC 8-May-2014
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 . .
Lists of cited by and citing cases may be incomplete.
Scotland, Landlord and Tenant
Updated: 09 November 2022; Ref: scu.466320