Edinburgh Albert Buildings Co. Ltd v. General Guarantee Corporation Ltd [1917] ScotLR 191 (17 January 1917)

Edinburgh Albert Buildings Co. Ltd v. General Guarantee Corporation Ltd [1917] ScotLR 191 (17 January 1917)

The landlord's hypothec does not extend to the player piano, a single article hired by the tenant and brought into furnished premises let at rent payable in advance, as there is no precedent supporting such extension and the landlord relied on the tenant's personal credit.

Citation
[1917] ScotLR 191
Parties
Pursuer: Edinburgh Albert Buildings Company Limited; Compearer/appellant: General Guarantee Corporation Limited; Defender/tenant: George Senior
Jurisdiction
Scotland
Judgment Date
17 January 1917
Procedural Posture
Appeal From Sheriff Court Sequestration for Rent / Inner House, First Division, Court of Session
Outcome
Appeal sustained; interlocutor of Sheriff-Substitute recalled; sequestration of piano set aside.
Legal Topics
Landlord's Hypothec, Sequestration for Rent, Hire Purchase Agreements, Furnished Premises, Third Party Property on Leased Premises
Landlord and Tenant Property Law Security Rights Landlord's Hypothec Sequestration for Rent Hire Purchase Agreements Furnished Premises Third Party Property on Leased Premises

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Parties

Edinburgh Albert Buildings Company Limited

Pursuer

General Guarantee Corporation Limited

Compearer/appellant

George Senior

Defender/tenant

Procedural Posture

Appeal From Sheriff Court Sequestration for Rent / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Does landlord's hypothec extend to a single article (player piano) hired by tenant and brought into furnished premises let at rent payable in advance?
  2. 2 Is the piano, owned by a third party under hire-purchase, liable to sequestration for arrears of rent?

Ratio Decidendi

The landlord's hypothec does not extend to the player piano, a single article hired by the tenant and brought into furnished premises let at rent payable in advance, as there is no precedent supporting such extension and the landlord relied on the tenant's personal credit.

Court Disposition

Appeal sustained; interlocutor of Sheriff-Substitute recalled; sequestration of piano set aside.

Orders

  • Player piano released from sequestration; not liable to landlord's hypothec.
  • Second and third pleas-in-law for compearers sustained.