Macgillivray v. Mackenzie [1921] ScotLR 488_1 (15 June 1921)

Macgillivray v. Mackenzie [1921] ScotLR 488_1 (15 June 1921)

The tenant's act of laying down temporary pasture was voluntary, not required by lease or good husbandry, and thus constitutes an improvement under the Act; the lease continued under its original terms, so the Act applies; no 'benefit' was conferred by the landlord in consideration of the improvement, so no deduction from compensation is warranted.

Citation
[1921] ScotLR 488_1
Parties
Claimant/tenant: William Macgillivray; Respondent/landlord: William Dalziel Mackenzie of Farr
Jurisdiction
Scotland
Judgment Date
15 June 1921
Procedural Posture
Appeal From Arbitration Under Statute / Appeal to Court of Session Inner House, First Division
Outcome
Appeal dismissed; interlocutor of the Sheriff affirmed.
Legal Topics
Compensation for Improvements, Agricultural Tenancy, Statutory Interpretation, Lease Continuation, Good Husbandry
Land Law Agricultural Law Contract Law Compensation for Improvements Agricultural Tenancy Statutory Interpretation Lease Continuation Good Husbandry

Case Brief

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Parties

William Macgillivray

Claimant/tenant

William Dalziel Mackenzie of Farr

Respondent/landlord

Procedural Posture

Appeal From Arbitration Under Statute / Appeal to Court of Session Inner House, First Division

Legal Issues

  1. 1 Does the Agricultural Holdings (Scotland) Act 1908 apply to the lease and improvements in question?
  2. 2 Is the laying down of temporary pasture an improvement entitling the tenant to compensation under the Act?
  3. 3 Did the landlord confer a 'benefit' on the tenant in consideration of the improvement, affecting compensation?

Ratio Decidendi

The tenant's act of laying down temporary pasture was voluntary, not required by lease or good husbandry, and thus constitutes an improvement under the Act; the lease continued under its original terms, so the Act applies; no 'benefit' was conferred by the landlord in consideration of the improvement, so no deduction from compensation is warranted.

Court Disposition

Appeal dismissed; interlocutor of the Sheriff affirmed.

Orders

  • The tenant is entitled to compensation of £348 for the improvement of laying down temporary pasture.
  • No deduction for 'benefit' by landlord; landlord to compensate tenant as determined by arbiter.