M'Donald v. Kydd [1901] ScotLR 38_697 (14 June 1901)

M'Donald v. Kydd [1901] ScotLR 38_697 (14 June 1901)

The landlord, having failed to fulfil his obligation to put the leased premises into habitable condition and repair as required by the lease, is not entitled to enforce payment of rent by the tenant until that obligation is fulfilled. The tenant's right to retain rent arises from the landlord's default, and does not require proof of damages equal to the rent retained.

Citation
[1901] ScotLR 38_697
Parties
Pursuer/appellant: Archibald M'lntyre M'Donald, as commissioner for the Earl of Crawford; Defender/respondent: William Anderson Kydd
Jurisdiction
Scotland
Judgment Date
14 June 1901
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House
Outcome
Appeal dismissed; action dismissed; defender entitled to expenses.
Legal Topics
Lease Obligations, Retention of Rent, Failure to Repair, Counter Obligations in Contracts
Landlord and Tenant Contract Law Lease Obligations Retention of Rent Failure to Repair Counter Obligations in Contracts

Case Brief

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Parties

Archibald M'lntyre M'Donald, as commissioner for the Earl of Crawford

Pursuer/appellant

William Anderson Kydd

Defender/respondent

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House

Legal Issues

  1. 1 Whether a tenant is entitled to retain rent when the landlord has failed to fulfil an obligation to put leased premises in tenantable repair.
  2. 2 Whether the tenant must prove damages equal to the rent retained to justify retention.

Ratio Decidendi

The landlord, having failed to fulfil his obligation to put the leased premises into habitable condition and repair as required by the lease, is not entitled to enforce payment of rent by the tenant until that obligation is fulfilled. The tenant's right to retain rent arises from the landlord's default, and does not require proof of damages equal to the rent retained.

Court Disposition

Appeal dismissed; action dismissed; defender entitled to expenses.

Orders

  • The action for payment of rent is dismissed.
  • The defender is entitled to expenses.