East Renfrewshire Council v. J H Lygate And Partners [2005] ScotCS CSIH_27 (16 March 2005)

The arbiter was entitled to base the rent review on retail use, as landlord's consent to such use could not reasonably be withheld under the lease, and evidence of retail rents was decisive.

Citation: [2005] ScotCS CSIH_27
Parties: Tenant: East Renfrewshire Council; Landlord: J H Lygate And Partners
Jurisdiction: Scotland
Judgment Date: 16 March 2005
Procedural Posture: Stated Case Under Section 3 of the Administration of Justice (scotland) Act 1972 / Opinion on Questions of Law in Rent Arbitration
Outcome: Both questions answered in the negative; case returned to arbiter to proceed as accords.
Legal Topics: Rent Review, Lease Interpretation, User Clause, Consent to Change of Use

Property Law Landlord and Tenant Arbitration Rent Review Lease Interpretation User Clause Consent to Change of Use

Case Brief

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Parties

East Renfrewshire Council

Tenant

J H Lygate And Partners

Landlord

Procedural Posture

Stated Case Under Section 3 of the Administration of Justice (scotland) Act 1972 / Opinion on Questions of Law in Rent Arbitration

Legal Issues

1 Interpretation of user clause in lease regarding permitted uses
2 Basis for calculating reviewed rent under lease—office use only or including potential retail use

Ratio Decidendi

The arbiter was entitled to base the rent review on retail use, as landlord's consent to such use could not reasonably be withheld under the lease, and evidence of retail rents was decisive.

Court Disposition

Both questions answered in the negative; case returned to arbiter to proceed as accords.

Orders

Return case to arbiter to proceed as accords