Scottish Ministers v Drummond Trust Trustees [2001] ScotCS 68 (21 March 2001)

Scottish Ministers v Drummond Trust Trustees [2001] ScotCS 68 (21 March 2001)

Given the extraordinary duration of the lease (99 years), the absence of any special circumstances attaching to the tenant, and the restrictive use clause, delectus personae does not apply. The lease is assignable by the tenant without the landlord's consent.

Citation
[2001] ScotCS 68
Parties
Pursuers: The Scottish Ministers; Defenders: The Trustees of the Drummond Trust
Jurisdiction
Scotland
Judgment Date
21 March 2001
Procedural Posture
Civil / Outer House, Court of Session – Opinion on Preliminary Pleas
Outcome
Declarator granted in favour of the pursuers.
Legal Topics
Assignability of Lease, Delectus Personae, Forestry Leases, Statutory Powers of Alienation
Property Law Landlord and Tenant Law Assignability of Lease Delectus Personae Forestry Leases Statutory Powers of Alienation

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Parties

The Scottish Ministers

Pursuers

The Trustees of the Drummond Trust

Defenders

Procedural Posture

Civil / Outer House, Court of Session – Opinion on Preliminary Pleas

Legal Issues

  1. 1 Whether the lease is assignable by the tenant without the landlord's consent
  2. 2 Whether delectus personae applies to the lease in question

Ratio Decidendi

Given the extraordinary duration of the lease (99 years), the absence of any special circumstances attaching to the tenant, and the restrictive use clause, delectus personae does not apply. The lease is assignable by the tenant without the landlord's consent.

Court Disposition

Declarator granted in favour of the pursuers.

Orders

  • Sustain the first and second pleas-in-law for the pursuers.
  • Repel the defenders' first and second pleas-in-law.