Abacus Estates Ltd v Bell Street Estates Ltd & Ors [2006] ScotCS CSOH_192 (15 December 2006)

Abacus Estates Ltd v Bell Street Estates Ltd & Ors [2006] ScotCS CSOH_192 (15 December 2006)

The repairing obligation under the Head Lease does not require the tenant to carry out repairs to the common parts directly but only to reimburse the landlord for the landlord's share of such costs. The same approach applies to the Sub-Lease. The construction advanced by the pursuer is not commercially sensible nor required by the wording of the lease.

Citation
[2006] ScotCS CSOH_192
Parties
Pursuer: Abacus Estates Limited; First Defender: Bell Street Estates Limited; Third Party: Clinton Cards (Essex) Limited
Jurisdiction
Scotland
Judgment Date
15 December 2006
Procedural Posture
Civil / Procedure Roll (pleas to Relevancy)
Outcome
Proof before answer allowed; all pleas reserved.
Legal Topics
Lease Interpretation, Repairing Obligations, Common Property, Dilapidations
Property Law Landlord and Tenant Lease Interpretation Repairing Obligations Common Property Dilapidations

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Parties

Abacus Estates Limited

Pursuer

Bell Street Estates Limited

First Defender

Clinton Cards (Essex) Limited

Third Party

Procedural Posture

Civil / Procedure Roll (pleas to Relevancy)

Legal Issues

  1. 1 Whether the tenant is obliged to carry out all works in the Schedule of Dilapidations, including those relating to common parts, under the Head Lease.
  2. 2 Whether the sub-tenant's obligations under the Sub-Lease match those of the tenant under the Head Lease regarding repairs and maintenance of common parts.

Ratio Decidendi

The repairing obligation under the Head Lease does not require the tenant to carry out repairs to the common parts directly but only to reimburse the landlord for the landlord's share of such costs. The same approach applies to the Sub-Lease. The construction advanced by the pursuer is not commercially sensible nor required by the wording of the lease.

Court Disposition

Proof before answer allowed; all pleas reserved.

Orders

  • Allow proof before answer as between pursuer and defender, reserving all pleas.
  • Allow proof before answer as between defender and third party, reserving all pleas.