BG Hamilton Ltd v Ready Mixed Concrete (Scotland) Ltd [1998] ScotCS 19 (9 October 1998)

BG Hamilton Ltd v Ready Mixed Concrete (Scotland) Ltd [1998] ScotCS 19 (9 October 1998)

Renunciation of a lease requires mutual consent, and neither the registration of an a non domino disposition by the tenant nor alleged breaches of lease obligations, being unilateral acts, constitute implied renunciation. The pursuers' pleadings did not establish circumstances in which the lease could be terminated by renunciation and acceptance. Accordingly, the action was dismissed as irrelevant.

Citation
[1998] ScotCS 19
Parties
Pursuer: B. G. Hamilton Ltd; Defender: Ready Mixed Concrete (Scotland) Ltd
Jurisdiction
Scotland
Judgment Date
09 October 1998
Procedural Posture
Civil / First Instance, Motion to Dismiss (debate on Relevancy)
Outcome
Action dismissed
Legal Topics
Renunciation of Lease, Implied Surrender, Registration of Title, Confusio, Rectification of Land Register
Property Law Landlord and Tenant Renunciation of Lease Implied Surrender Registration of Title Confusio Rectification of Land Register

Case Brief

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Parties

B. G. Hamilton Ltd

Pursuer

Ready Mixed Concrete (Scotland) Ltd

Defender

Procedural Posture

Civil / First Instance, Motion to Dismiss (debate on Relevancy)

Legal Issues

  1. 1 Whether registration of an a non domino disposition by the tenant constitutes implied renunciation of the lease
  2. 2 Whether physical abandonment or breach of lease obligations by the tenant constitutes implied renunciation
  3. 3 Whether mutual consent is required for renunciation of a lease

Ratio Decidendi

Renunciation of a lease requires mutual consent, and neither the registration of an a non domino disposition by the tenant nor alleged breaches of lease obligations, being unilateral acts, constitute implied renunciation. The pursuers' pleadings did not establish circumstances in which the lease could be terminated by renunciation and acceptance. Accordingly, the action was dismissed as irrelevant.

Court Disposition

Action dismissed

Orders

  • Sustained the defenders' third plea-in-law
  • Dismissed the action