DAVID TANNER AGAINST E MOSS LTD [2022] ScotCS CSOH_33 (26 April 2022)

DAVID TANNER AGAINST E MOSS LTD [2022] ScotCS CSOH_33 (26 April 2022)

The defender was entitled to remove moveables and tenant's fixtures, including after lease expiry within a reasonable time, unless items are landlord's fixtures. The Works Licence did not alter this position. Proof is required to determine the classification of disputed items.

Citation
[2022] ScotCS CSOH_33
Parties
Pursuer: David Tanner; Defender: E Moss Limited
Jurisdiction
Scotland
Judgment Date
26 April 2022
Procedural Posture
Commercial Action / Debate on Relevancy, Proof Before Answer Ordered
Outcome
Proof before answer ordered; defender entitled to remove moveables and tenant's fixtures, not landlord's fixtures.
Legal Topics
Lease Interpretation, Fixtures and Moveables, Tenant's Rights, Yielding Up Obligations
Property Law Landlord and Tenant Lease Interpretation Fixtures and Moveables Tenant's Rights Yielding Up Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Tanner

Pursuer

E Moss Limited

Defender

Procedural Posture

Commercial Action / Debate on Relevancy, Proof Before Answer Ordered

Legal Issues

  1. 1 Whether the defender was entitled to remove moveables and tenant's fixtures at lease end
  2. 2 Effect of Works Licence on removal rights
  3. 3 Timing of removal rights post-lease expiry

Ratio Decidendi

The defender was entitled to remove moveables and tenant's fixtures, including after lease expiry within a reasonable time, unless items are landlord's fixtures. The Works Licence did not alter this position. Proof is required to determine the classification of disputed items.

Court Disposition

Proof before answer ordered; defender entitled to remove moveables and tenant's fixtures, not landlord's fixtures.

Orders

  • Case put out by order for discussion of appropriate interlocutor and further procedure.
  • All questions of expenses reserved.