Dem-Master Demolition Ltd v Healthcare Environmental Services Ltd [2015] ScotCS CSOH_154 (13 November 2015)

Dem-Master Demolition Ltd v Healthcare Environmental Services Ltd [2015] ScotCS CSOH_154 (13 November 2015)

The court cannot determine the proper construction of the repairing obligation in clause 6 or the clean and tidy obligation without inquiry into the surrounding circumstances and factual matrix, particularly the condition of the premises at entry. Both parties' constructions are possible and require further factual determination. The claim for violent profits is currently irrelevant due to lack of averments of bad faith, but the pursuers may amend pleadings.

Citation
[2015] ScotCS CSOH_154
Parties
Pursuer: Dem-Master Demolition Limited; Defender: Healthcare Environmental Services Limited
Jurisdiction
Scotland
Judgment Date
13 November 2015
Procedural Posture
Commercial Lease Dispute / Interlocutory Opinion Following Debate on Commercial Roll
Outcome
No final determination; case put out by order for further procedure and possible inquiry.
Legal Topics
Repairing Obligations Under Lease, Construction of Commercial Contracts, Irritancy of Lease, Violent Profits, Good Faith Possession
Property Law Landlord and Tenant Law Contract Law Repairing Obligations Under Lease Construction of Commercial Contracts Irritancy of Lease Violent Profits Good Faith Possession

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Parties

Dem-Master Demolition Limited

Pursuer

Healthcare Environmental Services Limited

Defender

Procedural Posture

Commercial Lease Dispute / Interlocutory Opinion Following Debate on Commercial Roll

Legal Issues

  1. 1 Proper construction of repairing obligation in clause 6 of the lease
  2. 2 Effect of absence of Photographic Schedule on repairing obligation
  3. 3 Scope and breach of obligation to keep premises clean and tidy

Ratio Decidendi

The court cannot determine the proper construction of the repairing obligation in clause 6 or the clean and tidy obligation without inquiry into the surrounding circumstances and factual matrix, particularly the condition of the premises at entry. Both parties' constructions are possible and require further factual determination. The claim for violent profits is currently irrelevant due to lack of averments of bad faith, but the pursuers may amend pleadings.

Court Disposition

No final determination; case put out by order for further procedure and possible inquiry.

Orders

  • Case to be put out by order to discuss interlocutor and further procedure.
  • All questions of expenses reserved.