GILLIAN DOROTHY MCMILLAN & CHARLES CAMERON MCINTOSH & SCOTT ANTHONY BENZIE v. WILLIAM HILL (SCOTLAND) ACT LIMITED [2013] ScotSC 7 (01 February 2013)

GILLIAN DOROTHY MCMILLAN & CHARLES CAMERON MCINTOSH & SCOTT ANTHONY BENZIE v. WILLIAM HILL (SCOTLAND) ACT LIMITED [2013] ScotSC 7 (01 February 2013)

The lease, properly construed, obliges the tenant to return the premises in a satisfactory tenantable state, not merely adequate for the tenant's purposes. The claim for dilapidations is not premature as the lease does not exclude a demand for payment before works are done.

Citation
[2013] ScotSC 7
Parties
Pursuers and Appellants: Gillian Dorothy McMillan, Kevin Charles Cameron McIntosh and Scott Anthony Benzie, as the whole partners of, and trustees for, the firm of The Bridge Street Partnership; Defenders and Respondents: William Hill (Scotland) Limited
Jurisdiction
Scotland
Judgment Date
01 February 2013
Procedural Posture
Commercial Lease Dispute / Appeal Against Sheriff's Interlocutor Dismissing Action
Outcome
Appeal allowed
Legal Topics
Repairing Obligations in Leases, Construction of Lease Terms, Prematurity of Claim
Landlord and Tenant Commercial Law Repairing Obligations in Leases Construction of Lease Terms Prematurity of Claim

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Parties

Gillian Dorothy McMillan, Kevin Charles Cameron McIntosh and Scott Anthony Benzie, as the whole partners of, and trustees for, the firm of The Bridge Street Partnership

Pursuers and Appellants

William Hill (Scotland) Limited

Defenders and Respondents

Procedural Posture

Commercial Lease Dispute / Appeal Against Sheriff's Interlocutor Dismissing Action

Legal Issues

  1. 1 Proper construction of repairing obligations in commercial lease
  2. 2 Whether claim for dilapidations is premature

Ratio Decidendi

The lease, properly construed, obliges the tenant to return the premises in a satisfactory tenantable state, not merely adequate for the tenant's purposes. The claim for dilapidations is not premature as the lease does not exclude a demand for payment before works are done.

Court Disposition

Appeal allowed

Orders

  • Sheriff's interlocutor set aside
  • Cause appointed to be heard By Order on a date to be fixed