Leases

Question 1

Joint Administrators of Rangers plc

Answer 1

• Season tickets did not create any real right (lease) in seat.
• Conferred only intermittent right of occupation
• lessee is entitled to exclusive possession
• seat was not exclusive possession

Question 2

Andert Ltd v J&J Johnston

Answer 2

• subject of lease must be identified (specificity)
• tenant already entered possession
• Subject can be found by possibility of referring to extant of tenant’s possession i.e. address adequate

Question 3

Shetland Islands Council v BP

Answer 3

• Sulom voe
• No long lease existed due to no specified rent
• Court fixed rent year to year

Question 4

Glen v Voy

Answer 4

• Possession presumes payment
• Son given house rent free but court did not rebut presumption
• Liable to pay fair value for his occupation

Question 5

Sec of State for Defence v Johnstone

Answer 5

• Unjustifed enrichment for staying over tenancy

- Liable to pay market rent

Question 6

Carruthers v Irvine

Answer 6

Perpetual lease valid at common law

Question 7

Welwood v Husband

Answer 7

999 year lease valid at common law

Question 8

Gray v Edinburgh University

Answer 8

• If no definite duration, court will imply 1 year lease
• all other cardial elements must be present
• lessee possession

Question 9

Scottish Residential Estate v Henderson

Answer 9

• A revocable license cannot become a lease

- Held: no license as cottage was not lent for fixed and definite period.

Question 10

Millar v Mcrobbie

Answer 10

Here offside goals rule did not apply to leases

- unestablished rule

Question 11

Gyle Shopping

Answer 11

• Not bound by pro-indivisio share (only 1/3 of carpark)

Question 12

Ross v Duchess of Sutherland

Answer 12

Agreement for rent reduction in lease was not inter naturalia

Question 13

Bisset v Magistrates of Aberdeen

Answer 13

Option to buy in lease was not inter naturalia

Question 14

Optical Express Ltd v M&S

Answer 14

Exclusivity agreement in lease was not inter naturalia

Question 15

Trade Development Bank v Warriner & Mason

Answer 15

Lease set aside due to prior assignation without consent

Question 16

Trade Development Bank v Crittal Windows

Answer 16

Offside goals? Standard security granted over lease prior to assignation. SS was set aside due to bad faith of creditor

Question 17

Mars Pension

Answer 17

Parties must make it explicitly clear when they wish to exclude common law implied terms

Question 18

Graham & Black v Stevenson

Answer 18

Failure of tenant to enter into possession is a material breach of lease

Question 19

Mickel v McCoard

Answer 19

Tenant liable for damage sustained to property for non-occupation

Question 20

Wright v Wightman

Answer 20

Landlords hypothec – tenant bound to plenish/stock subject.

Question 21

Glebe Sugar Refining Co

Answer 21

Reasonable fitness obligation assumes responsible use by tenant.

Question 22

Gunn

Answer 22

Damages recoverable for landlords failure to carry out repairs

Question 23

Wolfson v Forrester

Answer 23

No breach of ‘wind and water tight’ obligation of landlord. Failed to bring to landlord’s attention within reasonable time

Question 24

Retail Park Investments v RBS

Answer 24

• A ‘keep open’ clause will be enforced if clearly drafted

- (require tenant not to merely possess but trade from premises on specific days during specific hours)

Question 25

Davie v Stork

Answer 25

Tenant could rescind lease for landlords breach of neighbouring shop trade

Question 26

RBS v Wilson

Answer 26

Upon a monetary default a calling up notice must be served. Cannot go straight to a s24 order

Question 27

Visionhire Ltd

Answer 27

Endorsed English position on rent review. Time is not of essence, landlord can still review

Question 28

Salvesen v Riddell

Answer 28

2003 Agri act incompatible with ECHR, art 1, proto 1. Outwith legislative competence of Sco courts.