Salaried Staff v Swears & Wells [1985] ScotCS CSIH_2 (15 February 1985)

Salaried Staff v Swears & Wells [1985] ScotCS CSIH_2 (15 February 1985)

A landlord is entitled to sue for unpaid rent under a lease following the tenant's repudiation, provided the landlord does not accept the repudiation. The court will only withhold this remedy in exceptional circumstances, which must be pled and established by the party in breach. No such circumstances were pled or established in this case.

Citation
[1985] ScotCS CSIH_2
Parties
Pursuer: Salaried Staff London Loan Company Limited; Defender: Swears and Wells Limited
Jurisdiction
Scotland
Judgment Date
15 February 1985
Procedural Posture
Commercial Lease Dispute / Reclaiming Motion (appeal)
Outcome
Reclaiming motion allowed; interlocutor of the Lord Ordinary recalled; decree de plano granted for the pursuers.
Legal Topics
Breach of Contract, Remedies for Breach, Repudiation, Specific Implement, Damages, Equitable Discretion
Contract Law Landlord and Tenant Law Breach of Contract Remedies for Breach Repudiation Specific Implement Damages Equitable Discretion

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Parties

Salaried Staff London Loan Company Limited

Pursuer

Swears and Wells Limited

Defender

Procedural Posture

Commercial Lease Dispute / Reclaiming Motion (appeal)

Legal Issues

  1. 1 Whether a landlord, upon tenant's repudiation of a lease, may sue for unpaid rent without accepting the repudiation and claiming damages
  2. 2 Whether the court may withhold the legal remedy of payment of rent on equitable grounds in the absence of exceptional circumstances

Ratio Decidendi

A landlord is entitled to sue for unpaid rent under a lease following the tenant's repudiation, provided the landlord does not accept the repudiation. The court will only withhold this remedy in exceptional circumstances, which must be pled and established by the party in breach. No such circumstances were pled or established in this case.

Court Disposition

Reclaiming motion allowed; interlocutor of the Lord Ordinary recalled; decree de plano granted for the pursuers.

Orders

  • Recall the interlocutor of the Lord Ordinary.
  • Repel the first plea-in-law for the defenders.