Forbes v. Cameron [2010] ScotCS CSIH_25 (01 April 2010)

The reference to Whitsunday in the lease was without further specification as to date or month, so the statutory date of 28 May applied under the 1990 Act. The notice to quit was therefore valid.

Citation: [2010] ScotCS CSIH_25
Parties: Appellant (landlord): Duncan Forbes; Respondent (tenant): Kenneth Cameron
Jurisdiction: Scotland
Judgment Date: 01 April 2010
Procedural Posture: Appeal / Appeal From Scottish Land Court Order Dated 27 October 2008
Outcome: Appeal allowed
Legal Topics: Agricultural Tenancies, Notices to Quit, Interpretation of Lease Terms, Statutory Construction

Property Law Agricultural Law Agricultural Tenancies Notices to Quit Interpretation of Lease Terms Statutory Construction

Case Brief

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Parties

Duncan Forbes

Appellant (landlord)

Kenneth Cameron

Respondent (tenant)

Procedural Posture

Appeal / Appeal From Scottish Land Court Order Dated 27 October 2008

Legal Issues

1 Whether the reference to 'Whitsunday' in the lease is a reference 'without further specification as to date or month' under the Term and Quarter Days (Scotland) Act 1990, s 1(4)
2 Whether the notice to quit served by the landlord was valid under the Agricultural Holdings (Scotland) Act 1991

Ratio Decidendi

The reference to Whitsunday in the lease was without further specification as to date or month, so the statutory date of 28 May applied under the 1990 Act. The notice to quit was therefore valid.

Court Disposition

Appeal allowed

Orders

Case remitted to the Land Court to proceed as accords