SELECT SERVICE PARTNER Ltd AGAINST NETWORK RAIL INFRASTRUCTURE Ltd [2016] ScotSC 46 (23 June 2016)

SELECT SERVICE PARTNER Ltd AGAINST NETWORK RAIL INFRASTRUCTURE Ltd [2016] ScotSC 46 (23 June 2016)

The sheriff held that the pursuer failed to negotiate renewal before applying, that the statutory discretion under section 1(3) is wide and not limited to small shopkeepers, and that in all the circumstances—including the size of the pursuer, lack of significant hardship, and the defender's reasonable commercial objectives—it was reasonable to dismiss the application for renewal of the lease.

Citation
[2016] ScotSC 46
Parties
Pursuer: Select Service Partner Limited; Defender: Network Rail Infrastructure Limited
Jurisdiction
Scotland
Judgment Date
23 June 2016
Procedural Posture
Summary Cause / Judgment on Application for Renewal of Lease Under Tenancy of Shops (scotland) Act 1949
Outcome
Application for renewal of lease dismissed.
Legal Topics
Lease Renewal, Tenancy of Shops (scotland) Act 1949, Discretionary and Mandatory Grounds for Renewal, Interpretation of Statutory Provisions, Hardship in Tenancy Law
Landlord and Tenant Commercial Property Lease Renewal Tenancy of Shops (scotland) Act 1949 Discretionary and Mandatory Grounds for Renewal Interpretation of Statutory Provisions Hardship in Tenancy Law

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Parties

Select Service Partner Limited

Pursuer

Network Rail Infrastructure Limited

Defender

Procedural Posture

Summary Cause / Judgment on Application for Renewal of Lease Under Tenancy of Shops (scotland) Act 1949

Legal Issues

  1. 1 Whether the pursuer is entitled to renewal of the lease under section 1 of the Tenancy of Shops (Scotland) Act 1949
  2. 2 Whether the sheriff should exercise discretion to renew the tenancy or dismiss the application
  3. 3 Whether greater hardship would be caused by renewal or refusal of renewal

Ratio Decidendi

The sheriff held that the pursuer failed to negotiate renewal before applying, that the statutory discretion under section 1(3) is wide and not limited to small shopkeepers, and that in all the circumstances—including the size of the pursuer, lack of significant hardship, and the defender's reasonable commercial objectives—it was reasonable to dismiss the application for renewal of the lease.

Court Disposition

Application for renewal of lease dismissed.

Orders

  • Application by the pursuer under section 1 of the Tenancy of Shops (Scotland) Act 1949 for renewal of the lease is dismissed.
  • Expenses to be dealt with at a subsequent hearing.