British Linen Co. v. Purdie [1905] ScotLR 42_709 (07 July 1905)

British Linen Co. v. Purdie [1905] ScotLR 42_709 (07 July 1905)

The erection and attachment of show cases to the exterior of the shop was not a reasonable use impliedly authorised by the lease, nor was there proof of a custom of trade permitting such action without landlord consent. Therefore, the tenant was not entitled to maintain the show cases without the landlord's consent.

Citation
[1905] ScotLR 42_709
Parties
Pursuer/respondent: British Linen Company; Defender/appellant: Miss Janet Goudie Purdie
Jurisdiction
Scotland
Judgment Date
07 July 1905
Procedural Posture
Civil Appeal (landlord and Tenant) / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
appeal dismissed; interlocutors affirmed
Legal Topics
Lease Interpretation, Reasonable Use of Premises, Fixtures and Alterations, Custom of Trade
Property Law Landlord and Tenant Lease Interpretation Reasonable Use of Premises Fixtures and Alterations Custom of Trade

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Parties

British Linen Company

Pursuer/respondent

Miss Janet Goudie Purdie

Defender/appellant

Procedural Posture

Civil Appeal (landlord and Tenant) / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the erection and attachment of show cases to the exterior of leased shop premises is a reasonable use impliedly authorised by the lease
  2. 2 Whether a custom of trade exists permitting such erections without landlord consent

Ratio Decidendi

The erection and attachment of show cases to the exterior of the shop was not a reasonable use impliedly authorised by the lease, nor was there proof of a custom of trade permitting such action without landlord consent. Therefore, the tenant was not entitled to maintain the show cases without the landlord's consent.

Court Disposition

appeal dismissed; interlocutors affirmed

Orders

  • Defender to remove the two show cases from the front of the premises within fourteen days
  • Defender to restore the front of the property to its prior condition