ScSf ‘The sheriff, having resumed consideration of the cause, sustains the pursuers’ second plea in law; sustains the pursuers’ first plea in law in so far as relating to their first and second craves; repels the defender’s pleas in law; In consequence thereof:
(1) Finds and declares that the defender having allowed payments in respect of rent to remain unpaid for more than twenty eight days has thereby in terms of the lease of the premises known as and forming ALL and WHOLE the detached self contained office and television recording studio premises situated on the ground floor and first floors at Number Two, North Ness Industrial Estate, Lerwick, Shetland being the whole subjects described in and disponed by the Disposition by Highlands and Islands Enterprise in favour of the pursuers dated Twenty fifth April 2005 and subsequent date; together with (One) the fixtures and fittings therein and thereon and (Two) all parking spaces allocated to the whole building, said lease being dated Twenty sixth and Twenty ninth both days of April 2005 and registered in the Books of Council and Session on Thirty first March 2006, incurred an irritancy of said lease and that said lease with all that has followed thereon is at an end and the parties thereto are no longer bound by it and that the pursuers are entitled to enter and enjoy possession of the subjects and dispose thereof at pleasure;
(2) Ordains the defender summarily to flit and remove himself or sub-tenants and dependants with his or their goods and gear forth and from the subjects and to leave same void and redd to the end that the pursuers may enter thereto and peaceably possess and enjoy same and that under pain of summary ejection;
Reserves meantime the question of expenses and appoints parties to be heard thereon within the Sheriff Court
Sheriff Philip Mann
[2014] ScotSC 5
Bailii
Scotland
Landlord and Tenant
Updated: 28 November 2021; Ref: scu.519734