AWG Group Ltd v HCP II Properties 101 GP Ltd [2017] ScotCS CSOH_69 (28 April 2017)

AWG Group Ltd v HCP II Properties 101 GP Ltd [2017] ScotCS CSOH_69 (28 April 2017)

Neither the change in invoice wording nor the sales brochure, individually or cumulatively, justified an inference of abandonment of the landlord's right to a 2014 rent review. The pursuer's averments of waiver were irrelevant, as the conduct relied upon was not inconsistent with an intention to insist on the contractual right, and mere payment of rent did not constitute reliance for waiver.

Citation
[2017] ScotCS CSOH_69
Parties
Pursuer: AWG Group Limited; Defender: HCP II Properties 101 GP Limited
Jurisdiction
Scotland
Judgment Date
28 April 2017
Procedural Posture
Commercial Action / Debate on Commercial Roll, Judgment
Outcome
Action dismissed
Legal Topics
Rent Review, Waiver, Lease Interpretation
Property Law Contract Law Rent Review Waiver Lease Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

AWG Group Limited

Pursuer

HCP II Properties 101 GP Limited

Defender

Procedural Posture

Commercial Action / Debate on Commercial Roll, Judgment

Legal Issues

  1. 1 Whether the landlord waived its right to seek a rent review as at 27 February 2014 under the leases

Ratio Decidendi

Neither the change in invoice wording nor the sales brochure, individually or cumulatively, justified an inference of abandonment of the landlord's right to a 2014 rent review. The pursuer's averments of waiver were irrelevant, as the conduct relied upon was not inconsistent with an intention to insist on the contractual right, and mere payment of rent did not constitute reliance for waiver.

Court Disposition

Action dismissed

Orders

  • Sustain defender's first plea-in-law
  • Dismiss the action