Unilodge Services Ltd v University Of Dundee [2001] ScotCS 219 (10 September 2001)

Unilodge Services Ltd v University Of Dundee [2001] ScotCS 219 (10 September 2001)

On a sound construction of clause THIRD (b) of the lease, the expression 'the other Universities in Scotland' means all the other universities in Scotland at the time of the relevant rent review, not just those in existence at the date of the lease. This interpretation better serves the commercial purpose of the clause, which is to track the market for student accommodation rents as it exists from time to time.

Citation
[2001] ScotCS 219
Parties
Pursuer: Unilodge Services Limited; Defender: The University of Dundee
Jurisdiction
Scotland
Judgment Date
10 September 2001
Procedural Posture
Civil Lease Dispute / Outer House, Court of Session Opinion After Debate on Construction of Lease
Outcome
Declarator granted in terms of the pursuers' second conclusion; case put out By Order for further disposal; expenses reserved.
Legal Topics
Lease Interpretation, Rent Review Clauses, Construction of Contractual Terms
Landlord and Tenant Contract Law Lease Interpretation Rent Review Clauses Construction of Contractual Terms

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Parties

Unilodge Services Limited

Pursuer

The University of Dundee

Defender

Procedural Posture

Civil Lease Dispute / Outer House, Court of Session Opinion After Debate on Construction of Lease

Legal Issues

  1. 1 Proper construction of the phrase 'the other Universities in Scotland' in a rent review clause of a lease

Ratio Decidendi

On a sound construction of clause THIRD (b) of the lease, the expression 'the other Universities in Scotland' means all the other universities in Scotland at the time of the relevant rent review, not just those in existence at the date of the lease. This interpretation better serves the commercial purpose of the clause, which is to track the market for student accommodation rents as it exists from time to time.

Court Disposition

Declarator granted in terms of the pursuers' second conclusion; case put out By Order for further disposal; expenses reserved.

Orders

  • Sustain pursuers' second plea-in-law
  • Repel defenders' second plea-in-law so far as relating to the second conclusion