By Martin Crawford on 07/07/2008 10:01
First Division, Inner House, Court of Session. Appeal of decision of the sheriff principal who upheld a previous interlocutor of the sheriff at Glasgow by which interlocutor the sheriff had granted decree against the defenders for payment to the pursuers of the sum of £49,725,with interest. The sum represents backdated rent said to be due by the appellants under a least of premises occupied by them as tenantsof a property of which the respondents are the landlords. Having failed to agree the lev ...
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By Euan Dow on 29/05/2008 15:20
Landlord/Tenant:- In this action the pursuers were the landlords and the defenders were the tenants of premises in Edinburgh. In the past the premises were a garage and had underground storage tanks for fuel. On 30 October 2007 the pursuers advised the defenders that they wished to make investigations into the solum of the premises in order to ascertain whether there had been any contamination of it from the storage tanks. The defenders contended that the pursuers had no entitlement to carry out ...
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By Euan Dow on 27/03/2008 11:40
Debate:- The pursuer was the heritable proprietor of premises at 81-85 Renfield Street, Glasgow, and succeeded to the landlord's part of a lease of those premises. The defender was vested in the tenant's part of that lease. Subsequently the defender sublet the premises to a company known as Big Mammy K Ltd. Thereafter Big Mammy K Ltd assigned its interest in the sublease to a company known as Soulband Ltd. Under the provisions of the lease the pursuers' consent was required to any assignation of ...
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By Martin Crawford on 17/01/2008 13:24
Appeal – Property valuation – Assessors valued retail property at net annual value (NAV) of £471,500. Following a Valuation Appeal Committee Hearing the assessors reduced the valuation to £426,500 NAV. The appellant appealed against that decision on the grounds that it was too high. The appellant was a tenant in the property. Argued that certain factors not accounted for in valuation including obscurity of property and comparisons with other floor space in that area. ...
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By Rachel Henry on 10/01/2008 17:36
Proof - These proceedings were concerned with a guarantee of the tenant's obligations under a commercial lease. The pursuers were the landlord of the let premises, and the defenders were the guarantor. The pursuers maintained that the defenders were liable under the guarantee to pay the cost of repairs which should have been carried out by the tenant. The defenders denied liability on the basis that the guarantee had expired before any demand was made upon them in accordance with the guarantee. ...
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By Rachel Henry on 10/01/2008 17:32
This was an action by the liquidator of Strathclyde Associated Property Holdings Limited to have five leases of vacant residential property in Glasgow in favour of the first defenders declared null and void and for interdict against the second defender from changing or attempting to change the locks on those properties. Here, the pursuers moved for decree by default and for expenses on the basis that the defenders had failed to state relevant defences and No representation has been arrange ...
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By Rachel Henry on 10/01/2008 14:28
This case concerned a commercial action involving a dispute, between the pursuers, as landlords, and the defenders, as tenants, of commercial premises as to whether the defenders had validly terminated the lease of the Premises by exercising a break option, or alternatively whether the pursuers were personally barred from denying that the break option was validly exercised. A proof before answer was allowed and the Lord Ordinary made avizandum and then granted decree of declarator as concluded f ...
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By Euan Dow on 23/08/2007 00:00
Proof Before Answer - Payments due arising out of
Here the pursuer, the owner of commercial premises in Paisley, the Abbey Mill Business Centre, sought certain payments by the cautioner of a former tenant, Solutions Recruitment and Management Consultants Ltd which had leases of various parts of the Business Centre. This part of the litigation was concerned with the claims of the pursuer for payment of various sums of money respecting (a) the redecoration of the units (b) the replacement of the carpets or other floor coverings and (c) removal of ...
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By Euan Dow on 26/07/2007 00:00
Appeal –
Here the court considered an appeal by the tenant against an Order of the Scottish Land Court in an application by the landlords for declarator of irritancy of the lease. The tenant was late in paying the rent and so the landlords notified him that if the rent was not paid timeously in future, they would irritate the lease. Again, rent was late and so the landlords terminated the lease by notice of irritancy under clause 19 and required the tenant to remove within two months. The tenant refused ...
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By Euan Dow on 25/07/2007 00:00
This was an appeal by the defenders/appellants against the Sheriff’s decision. This case originally involved the pursuer craving the court to interdict the defenders or anyone acting with their instructions or on their behalf from entering onto the pursuer's property in Inverness. The pursuer sought a percentage increase of 40% to the fees. The Sheriff granted the motion but only to the extent of allowing the pursuer a percentage increase of 10%. The defender was appealing this decision.
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