The pursuer had taken a lease of a furnished country residence but came to be able to occupy a small part of the property, after the main residence was requisitioned for the war effort.
Held: Speedie’s casedid apply, and: ‘ the tests to be applied in deciding whether there has been total or partial eviction from subjects leased are the same in the case of eviction by the action of the executive as in the case of eviction resulting from rei interitus.’
Judges:
Lord Patrick
Citations:
1942 SC 56, 1942 SLT 106, [1941] ScotCS CSIH – 4
Links:
Citing:
Applied – Tay Salmon Fisheries Co Ltd v Speedie SCS 31-May-1929
The pursuers sought to assert a right to abandon a lease of a salmon fishery at Tents Moor. A danger zone had been created by the Air Council which included the area comprised, and it had become impossible for anyone to use the land.
Held: Two . .
Lists of cited by and citing cases may be incomplete.
Scotland, Landlord and Tenant
Updated: 21 July 2022; Ref: scu.279379