Malin & Ors v Crown Aerosols UK Ltd [2015] ScotCS CSOH_58 (14 May 2015)

Malin & Ors v Crown Aerosols UK Ltd [2015] ScotCS CSOH_58 (14 May 2015)

The lease does not confer an absolute right to demolish, nor does it require indefinite maintenance of the original building. Demolition and re-erection may be 'necessary' where the building is obsolete or uneconomic to repair, but landlord approval is required for both demolition and redevelopment. The landlord cannot unreasonably withhold approval if necessity is established.

Citation
[2015] ScotCS CSOH_58
Parties
Pursuers: Richard Derek Vernon William Malin and Others; Defender: Crown Aerosols UK Limited
Jurisdiction
Scotland
Judgment Date
14 May 2015
Procedural Posture
Civil / Debate on Interdict Application
Outcome
No final order; case continued for further procedure or proof if parties cannot agree on necessity of demolition and re-erection.
Legal Topics
Lease Interpretation, Obligation to Maintain, Right to Demolish, Ground Lease, Repair and Re Erection Obligations
Landlord and Tenant Property Law Contract Law Lease Interpretation Obligation to Maintain Right to Demolish Ground Lease Repair and Re Erection Obligations

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Parties

Richard Derek Vernon William Malin and Others

Pursuers

Crown Aerosols UK Limited

Defender

Procedural Posture

Civil / Debate on Interdict Application

Legal Issues

  1. 1 Whether the tenant has a right under the lease to demolish the existing building
  2. 2 Interpretation of maintenance and re-erection obligations in the lease
  3. 3 Whether landlord's approval is required for demolition and redevelopment

Ratio Decidendi

The lease does not confer an absolute right to demolish, nor does it require indefinite maintenance of the original building. Demolition and re-erection may be 'necessary' where the building is obsolete or uneconomic to repair, but landlord approval is required for both demolition and redevelopment. The landlord cannot unreasonably withhold approval if necessity is established.

Court Disposition

No final order; case continued for further procedure or proof if parties cannot agree on necessity of demolition and re-erection.

Orders

  • Case put out by order for parties to address the court on necessity and expenses.