M'Harg v. Speirs [1924] ScotLR 111 (22 January 1924)

M'Harg v. Speirs [1924] ScotLR 111 (22 January 1924)

A tenant whose tenancy is terminated by the landlord and who claims compensation for disturbance under section 10(1) and (6) of the Agriculture Act 1920 is entitled to a minimum of one year's rent as compensation, even if the damages proved are less, and does not forfeit this right by proceeding to arbitration.

Citation
[1924] ScotLR 111
Parties
Tenant/respondent: John M'Harg; Landlord/appellant: Archibald Speirs
Jurisdiction
Scotland
Judgment Date
22 January 1924
Procedural Posture
Civil Appeal / Appeal From Sheriff Substitute's Interlocutor in Arbitration Stated Case
Outcome
Appeal dismissed; Sheriff-Substitute's finding affirmed.
Legal Topics
Compensation for Disturbance, Statutory Interpretation, Arbitration, Agricultural Holdings
Landlord and Tenant Agricultural Law Compensation for Disturbance Statutory Interpretation Arbitration Agricultural Holdings

Case Brief

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Parties

John M'Harg

Tenant/respondent

Archibald Speirs

Landlord/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff Substitute's Interlocutor in Arbitration Stated Case

Legal Issues

  1. 1 Whether a tenant, having elected to proceed to arbitration on a claim for compensation for disturbance under section 10(1) and (6) of the Agriculture Act 1920, is entitled to an award of one year's rent in substitution for the lesser damages proved.

Ratio Decidendi

A tenant whose tenancy is terminated by the landlord and who claims compensation for disturbance under section 10(1) and (6) of the Agriculture Act 1920 is entitled to a minimum of one year's rent as compensation, even if the damages proved are less, and does not forfeit this right by proceeding to arbitration.

Court Disposition

Appeal dismissed; Sheriff-Substitute's finding affirmed.

Orders

  • Tenant awarded compensation equivalent to one year's rent in substitution for lesser damages proved.
  • Landlord not barred from receiving compensation awarded by arbiter for his counterclaim.