John Haig & Co., Ltd v. Boswall Preston [1915] ScotLR 226 (17 December 1915)

John Haig & Co., Ltd v. Boswall Preston [1915] ScotLR 226 (17 December 1915)

The landlord failed to implement the initial obligation to repair the roof and keep the premises wind and water tight as contracted. The tenant was entitled to retain rent until the landlord fulfilled this obligation, as the breach deprived the tenant of the beneficial use of the premises.

Citation
[1915] ScotLR 226
Parties
Pursuer: John Haig & Company, Limited; Defender: Gordon Houston Boswall Preston and Alistair Houston Boswall Preston trading as The Central Motor Engineering Company
Jurisdiction
Scotland
Judgment Date
17 December 1915
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
Action dismissed
Legal Topics
Lease Obligations, Sequestration for Rent, Retention of Rent, Repair Obligations
Landlord and Tenant Property Law Lease Obligations Sequestration for Rent Retention of Rent Repair Obligations

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Parties

John Haig & Company, Limited

Pursuer

Gordon Houston Boswall Preston and Alistair Houston Boswall Preston trading as The Central Motor Engineering Company

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether landlord fulfilled obligation to repair roof and keep premises wind and water tight
  2. 2 Whether tenant entitled to retain rent due to landlord's breach of lease obligations

Ratio Decidendi

The landlord failed to implement the initial obligation to repair the roof and keep the premises wind and water tight as contracted. The tenant was entitled to retain rent until the landlord fulfilled this obligation, as the breach deprived the tenant of the beneficial use of the premises.

Court Disposition

Action dismissed

Orders

  • Recal interlocutor of Sheriff dated 25th July 1913
  • Find in fact and law per Sheriff-Substitute's interlocutor dated 5th April 1913