Sproat v South West Services (Galloway) Ltd [2000] ScotCS 279 (9 November 2000)

Sproat v South West Services (Galloway) Ltd [2000] ScotCS 279 (9 November 2000)

The executor failed to transfer the deceased's interest in the leases within the statutory period, and there was no valid assignation or landlord's written consent as required by the leases. The defenders have no rights under the original 99-year leases but are tenants from year to year by tacit relocation. The pursuer did not waive his right to terminate the leases.

Citation
[2000] ScotCS 279
Parties
Pursuer: Andrew Hugh Sproat; Defenders: South West Services (Galloway) Limited
Jurisdiction
Scotland
Judgment Date
09 November 2000
Procedural Posture
Civil Landlord and Tenant / Judgment After Proof (trial)
Outcome
Decree granted in favour of the pursuer; defenders' pleas repelled.
Legal Topics
Lease Assignation, Succession (scotland) Act 1964, Year to Year Tenancy, Waiver of Rights, Tacit Relocation
Property Law Succession Law Landlord and Tenant Lease Assignation Succession (scotland) Act 1964 Year to Year Tenancy Waiver of Rights Tacit Relocation

Case Brief

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Parties

Andrew Hugh Sproat

Pursuer

South West Services (Galloway) Limited

Defenders

Procedural Posture

Civil Landlord and Tenant / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders validly acquired rights under the four leases after the death of the original tenant
  2. 2 Whether the executor (Mrs Wyllie) competently transferred the leases under the Succession (Scotland) Act 1964
  3. 3 Whether the pursuer's conduct amounted to waiver of the right to terminate the leases

Ratio Decidendi

The executor failed to transfer the deceased's interest in the leases within the statutory period, and there was no valid assignation or landlord's written consent as required by the leases. The defenders have no rights under the original 99-year leases but are tenants from year to year by tacit relocation. The pursuer did not waive his right to terminate the leases.

Court Disposition

Decree granted in favour of the pursuer; defenders' pleas repelled.

Orders

  • Sustain the first, second and third pleas-in-law for the pursuer.
  • Grant decree de plano for the pursuer.