Mackeson v Boyd [1941] ScotCS CSIH_4 (07 November 1941)

Mackeson v Boyd [1941] ScotCS CSIH_4 (07 November 1941)

Constructive total destruction of the leased premises by Government requisition, depriving the tenant of the essential purpose of the lease, entitles the tenant to abandon the lease under Scottish common law, and the Compensation (Defence) Act 1939 does not abrogate this right.

Citation
[1941] ScotCS CSIH_4
Parties
Pursuer: Mackeson; Defender: Boyd
Jurisdiction
Scotland
Judgment Date
07 November 1941
Procedural Posture
Landlord and Tenant Dispute / Appeal (reclaiming Motion) Before the First Division, Court of Session
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary affirmed.
Legal Topics
Eviction, Rei Interitus, Constructive Total Destruction, Compensation (defence) Act 1939, Abandonment of Lease
Landlord and Tenant Contract Eviction Rei Interitus Constructive Total Destruction Compensation (defence) Act 1939 Abandonment of Lease

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Parties

Mackeson

Pursuer

Boyd

Defender

Procedural Posture

Landlord and Tenant Dispute / Appeal (reclaiming Motion) Before the First Division, Court of Session

Legal Issues

  1. 1 Whether requisition of leased premises by the Government constitutes constructive total eviction entitling the tenant to abandon the lease
  2. 2 Whether the Compensation (Defence) Act 1939 abrogates the common law right to abandon the lease in such circumstances

Ratio Decidendi

Constructive total destruction of the leased premises by Government requisition, depriving the tenant of the essential purpose of the lease, entitles the tenant to abandon the lease under Scottish common law, and the Compensation (Defence) Act 1939 does not abrogate this right.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary affirmed.

Orders

  • First plea in law for the defender repelled.
  • Third plea in law for the pursuer sustained.