Appeal from the Sheriff Court:- The appellants let to the first respondents commercial subjects at 110 West George Street, Glasgow, for a period of three years from 28 May 2004. The second respondents were guarantors of the tenant's obligations. On 24 December 2005 the first respondents vacated the subjects. In this sheriff court action the appellants sought inter alia declarator that the first respondents were contractually bound to use and occupy the subjects until 27 May 2007 a ...
|
Under common law, a tenant agrees to pay the rent in terms of a lease whether or not he has assigned the lease to someone else. This rule was changed by s.5(2) of the Landlord and Tenant (Covenants) Act 1995, which provides that if a tenant assigns the leased premises, he becomes released from his covenants. However, this change only applies to tenancies granted after the Act came into force in January 1996. The common law continues to apply to earlier tenancies, but subject to the r ...
|
The petitioners are tenants of Unit 25, St Enoch Centre, Glasgow and the respondents are the landlords. The respondents sought to execute diligence against the petitioners in respect of two quarters unpaid rent and a charge was served on 23 September 2008. On 7 October 2008 the petitioners sought and obtained an order suspending the charge ad interim and now sought an order for interim interdict to prevent the respondents and all others acting on their instructions from doing ...
|
The pursuers are the tenants of a restaurant on Sauchiehall Street, Glasgow in a lease between themselves and the defenders, the heritable proprietors and landlords of the premises, dated 30 August 2005. The defenders served on the pursuers a pre-irritancy notice giving the pursuers notice that the lease might be terminated by them if rent allegedly due in terms of the lease was not paid within a period of 14 days. In this action the pursuers sought declarator that they were entitled to use and ...
|
The pursuers are the tenants of a takeaway in Larkahhall in a lease between themselves and the defenders, the heritable proprietors and landlords of the premises, dated 4 February 2008. The defenders served on the pursuers a pre-irritancy notice giving the pursuers notice that the lease might be terminated by them if rent allegedly due in terms of the lease was not paid within a period of 14 days. In this action the pursuers sought declarator that they were entitled to use and occupy the premise ...
|
This appeal concerns the assessability for non-domestic rating of a group of buildings belonging to the Church of Jesus Christ of Latter-Day Saints in Lancashire. The main building in this dispute is the Temple. The Valuation Officer’s case is simple in that he says that the Temple is not a place of “public religious worship”, and therefore not exempt, because it is not open to the public. The right of entry is reserved to certain members of the Mormon Churc ...
|
The question in this case is whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to remain there under English property law. But he claims that his removal would violate his rights under art.8 of the ECHR. The respondent in this case asserted that it required vacant possession of ...
|
Debate:- This action concerned heritable rights attaching to two adjacent tenement buildings on the west side of Buchanan Street in Glasgow. Here the pursuer sought a declarator that he had:- "A heritable and irredeemable right to attach to the subjects known as the ground or upper ground floor of the tenement 209 Buchanan Street, Glasgow...a shop front, including fascia." At debate the first and second defenders submitted:- (1) that their first plea-in-law of no title and interest to sue be sus ...
|
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 ...
|
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 ...
|
| 1 2 3 4 |