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.
Lady Hale, Deputy President, Lord Kerr, Lord Reed, Lord Carnwath, Lord Hodge
[2014] UKSC 27, [2014] WLR(D) 198, UKSC 2012/0276
Bailii, WLRD, SC Summary, SC
Scotland
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.
Appeal from – Batley Pet Products v North Lanarkshire Council SCS 7-Nov-2012
(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
. .
Cited – Credit Suisse v Beegas Nominees Ltd ChD 15-Sep-1993
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 7-Jan-2008
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 2-Nov-2011
Commercial Sense Used to Interpret Contract
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 17-Nov-2010
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: . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 November 2021; Ref: scu.524664
