Stephen v The Most Noble Sir Guy David Innes Ker & Ors [2006] ScotCS CSOH_66 (03 May 2006)

Stephen v The Most Noble Sir Guy David Innes Ker & Ors [2006] ScotCS CSOH_66 (03 May 2006)

Where a surviving joint tenant acquires the deceased's interest in an agricultural lease, he becomes sole tenant and tacit relocation may operate based on his consent alone. Section 25 of the 1991 Act does not apply to such a case; the lease is not terminated by a notice to quit served under that section. The defenders' notices to quit were ineffective, and the pursuer remains tenant.

Citation
[2006] ScotCS CSOH_66
Parties
Pursuer: Simon Stephen; Defenders: The Most Noble Sir Guy David Innes Ker & Others
Jurisdiction
Scotland
Judgment Date
03 May 2006
Procedural Posture
Civil Agricultural Tenancy Dispute / Debate on Procedure Roll (preliminary Legal Issues, No Enquiry)
Outcome
Defenders' arguments rejected; pursuer's position upheld; cases to be put out by order for discussion as to disposal.
Legal Topics
Joint Tenancy, Tacit Relocation, Succession to Lease, Notices to Quit, Agricultural Holdings (scotland) Act 1991, Section 25 Notices, Human Rights (article 1 Protocol 1 Echr)
Property Law Agricultural Law Succession Law Joint Tenancy Tacit Relocation Succession to Lease Notices to Quit Agricultural Holdings (scotland) Act 1991 +2 more

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Parties

Simon Stephen

Pursuer

The Most Noble Sir Guy David Innes Ker & Others

Defenders

Procedural Posture

Civil Agricultural Tenancy Dispute / Debate on Procedure Roll (preliminary Legal Issues, No Enquiry)

Legal Issues

  1. 1 Whether the pursuer, as surviving joint tenant and successor to his grandmother's interest, remains tenant after service of notices to quit under section 25 of the Agricultural Holdings (Scotland) Act 1991.
  2. 2 Whether section 25 of the 1991 Act applies to a surviving joint tenant who already had an interest in the lease prior to succession.
  3. 3 Whether the leases were validly terminated or continued by tacit relocation after the transfer of the deceased joint tenant's interest.

Ratio Decidendi

Where a surviving joint tenant acquires the deceased's interest in an agricultural lease, he becomes sole tenant and tacit relocation may operate based on his consent alone. Section 25 of the 1991 Act does not apply to such a case; the lease is not terminated by a notice to quit served under that section. The defenders' notices to quit were ineffective, and the pursuer remains tenant.

Court Disposition

Defenders' arguments rejected; pursuer's position upheld; cases to be put out by order for discussion as to disposal.