Irritancy of Lease – Penalty.-
A lease provided, that if two terms rent were allowed to be ‘resting and owing unpaid at one time, the tack should eo ipso become void and null,’ with a fifth part more of termly moiety in case of failure. The tenant fell four years in arrear of rent. In an action brought under the annulling clause in the lease: Held the irritancy purgeable at the bar; and that the penalty, in case of failure of a fifth part more, was not exigible.
Citations:
[1780] UKHL 2 – Paton – 516a, (1780) 2 Paton 516a
Links:
Jurisdiction:
Scotland
Landlord and Tenant
Updated: 04 July 2022; Ref: scu.561497