ROBB'S TRUST, THE GOVERNORS OF, AGAINST DAVID ALLAN EDWARDS [2015] ScotCS CSIH_39 (26 May 2015)

ROBB'S TRUST, THE GOVERNORS OF, AGAINST DAVID ALLAN EDWARDS [2015] ScotCS CSIH_39 (26 May 2015)

The operation of a notice to quit under the Agricultural Holdings (Scotland) Act 1991 is suspended by arbitration until the arbiter’s award is issued; therefore, the tenancy and rent obligations continue until that date. The notice to quit does not become operative, and the tenancy does not end, until the suspension is lifted by the arbiter’s award.

Citation
[2015] ScotCS CSIH_39
Parties
Pursuers and Appellants: The Governors of Robb’s Trust; Defender and Respondent: David Allan Edwards
Jurisdiction
Scotland
Judgment Date
26 May 2015
Procedural Posture
Appeal / Judgment of the Inner House, Court of Session
Outcome
Appeal refused; interlocutor of the sheriff principal adhered to.
Legal Topics
Agricultural Tenancies, Notices to Quit, Statutory Interpretation, Suspension of Notice Operation, Lease Termination
Land Law Agricultural Law Agricultural Tenancies Notices to Quit Statutory Interpretation Suspension of Notice Operation Lease Termination

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Parties

The Governors of Robb’s Trust

Pursuers and Appellants

David Allan Edwards

Defender and Respondent

Procedural Posture

Appeal / Judgment of the Inner House, Court of Session

Legal Issues

  1. 1 Whether, under the Agricultural Holdings (Scotland) Act 1991, section 23(4), the lease and rent obligations continue until the date of the arbiter’s award when a notice to quit is disputed and proceeds to arbitration.

Ratio Decidendi

The operation of a notice to quit under the Agricultural Holdings (Scotland) Act 1991 is suspended by arbitration until the arbiter’s award is issued; therefore, the tenancy and rent obligations continue until that date. The notice to quit does not become operative, and the tenancy does not end, until the suspension is lifted by the arbiter’s award.

Court Disposition

Appeal refused; interlocutor of the sheriff principal adhered to.

Orders

  • Refusal of the landlords’ appeal.
  • Affirmation of the sheriff principal’s interlocutor dated 25 March 2014.