24 Drury Street LTD and another against Brightcrew (Management) LTD (Sheriff Appeal Court Civil) [2026] SACCIV 9 (28 January 2026)

24 Drury Street LTD and another against Brightcrew (Management) LTD (Sheriff Appeal Court Civil) [2026] SACCIV 9 (28 January 2026)

The sheriff was entitled to find, on the evidence, that the landlord waived its right to enforce irritancy by agreeing that payment of arrears would allow continued occupation, and by subsequent conduct including acceptance of payment and return of keys. The sheriff's findings were rational and justified. The landlord was personally barred from asserting irritancy, and its conduct was oppressive.

Citation
[2026] SACCIV 9
Parties
First Pursuer and Appellant: 24 Drury Street Ltd; Second Pursuer and Appellant: DST Prop Hold Ltd; Defender and Respondent: Brightcrew (Management) Limited
Jurisdiction
Scotland
Judgment Date
28 January 2026
Procedural Posture
Civil Appeal / Appeal From Sheriff's Decision After Proof
Outcome
Appeal refused
Legal Topics
Irritancy of Lease, Waiver, Personal Bar, Oppression, Remedies for Breach of Lease
Landlord and Tenant Contract Law Civil Procedure Irritancy of Lease Waiver Personal Bar Oppression Remedies for Breach of Lease

Case Brief

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Parties

24 Drury Street Ltd

First Pursuer and Appellant

DST Prop Hold Ltd

Second Pursuer and Appellant

Brightcrew (Management) Limited

Defender and Respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff's Decision After Proof

Legal Issues

  1. 1 Whether the landlord waived its right to enforce irritancy under the lease
  2. 2 Whether the landlord was personally barred from asserting irritancy
  3. 3 Whether the landlord's conduct was oppressive

Ratio Decidendi

The sheriff was entitled to find, on the evidence, that the landlord waived its right to enforce irritancy by agreeing that payment of arrears would allow continued occupation, and by subsequent conduct including acceptance of payment and return of keys. The sheriff's findings were rational and justified. The landlord was personally barred from asserting irritancy, and its conduct was oppressive.

Court Disposition

Appeal refused

Orders

  • First and second appellants found jointly and severally liable to the respondent in the expenses of the appeal process, as taxed.