English High Court case concerning a break option contained in a sublease between Cancer Research (the landlord) and PCE (the tenant). PCE sought to exercise the break option which was conditional on payment of the rent up to the break date. The break date occurred shortly after a quarter day and, after receiving an invoice for a full quarter’s rent (payable quarterly in advance) from Cancer Research, PCE sent an email to Cancer Research’s managing agents advising them th ...
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Case considering a landlord’s right to terminate a lease for breach of the maintenance obligations under the lease. Crieff Highland Gathering are the landlords and Perth Council, the tenants of an area of ground known as Market Park in Crieff. The subjects are used by the Council as a pubic park and sub-let back to Crieff Highland every year for the holding of the Crieff Highland Gathering. The lease is for 60 years and began in 1983. The rent is £100 per year and was not subject to r ...
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Case considering a tenant’s liability for extraordinary repairs under a lease. Co-operative Insurance were the landlords and Fife Council were the tenants under a 25 year lease of the Unicorn house at the Kingdom Centre in Glenrothes. The Co-op claimed that the Council had breached their repairing obligations under the lease and sought damages of more than £1.3m. The matter for the court to decide was the relevancy of the Council’s argument that they were not liable for “e ...
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Outer House case in which a tenant (Ralph Lauren) of premises on Ingram Street in Glasgow sought to prevent the landlord (the pension fund) from letting a neighbouring unit (Unit 6) to a hairdressing salon on the basis of an obligation contained in a back letter. The back letter granted by the pension fund provided: "We shall not grant first lettings of that one of the Commercial Units (as defined in the Lease) known as Unit 6, situated to the north of that one of the Commercial ...
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Case considering the meaning of “waste” in terms of the lease of a landfill site near Stranraer. The lease provided that the tenants (Shanks) were to make royalty payments to the landlords (Landmore) for “inert waste” entering the site. The question for the court was whether soil which had been brought on to the site for the purpose of capping cells of waste deposited at the site was also “inert waste” and therefore subject to the royalty payment. ...
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The issue in this case is what is meant by the word “violence” in section 177(1) of the Housing Act 1996. Is it limited to physical contact or does it include other forms of violent conduct?In August 2008, the Appellant left the matrimonial home in which she lived with her husband, taking her two young children with her, and sought the help of the local housing authority. In interviews with housing officers, she complained of her husband’s behaviour, which included shouting in front of the child ...
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The Appellant business tenant unsuccessfully appealed against the dismissal of its application for summary judgment to dismiss the opposition of the Landlord of its application for new tenancy. The date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection. At any summary judgment the question was, looking forward, whether the landlord could show a real prospect of being able to establish the ne ...
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The pursuer was a tenant of industrial premises owned by the defender. The pursuer sought declarator that they had validly exercised their entitlement to break the lease, under a break clause. In order to be effective, the break clause required the pursuer to serve written notice on the defender. The defender disputed that effective termination had occurred, as while notice was in written form and was served on them, it was not addressed to the correct party and strict compl ...
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The Appellant’s brother, who is now deceased (“the Deceased”), held a secure tenancy under the Housing Act 1985 (“the 1985 Act”) of a property owned by the London Borough of Southwark (“the Authority”). The Appellant contends that he lived in his brother’s home for the 12 months preceding his death, caring for him during his terminal illness. The Appeal arises from the efforts of the Appellant to resist the Authority’s efforts to evict him from the property.
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Procedure Roll:- In this action the pursuer sought declarator that a lease between the parties, relating to subjects in Crieff, was validly terminated by the pursuer on 22 January 2009 and for an order ordaining the defenders to remove. It was the pursuers case that the defender had not adequately maintained the subjects in accordance with its obligations under the lease and on 23 November 2007 they served a notice on the defenders enclosing an interim schedule of dilapidations and calling for t ...
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