Clelland v. William Baird & Co., Ltd [1923] ScotLR 222 (24 January 1923)

Clelland v. William Baird & Co., Ltd [1923] ScotLR 222 (24 January 1923)

Any agreement, whether direct or indirect, that deprives a statutory small tenant of the right to renewal of tenancy under section 32(4) of the Small Landholders (Scotland) Act 1911 is void. The missives constituted such an agreement to the contrary and cannot defeat the tenant's statutory rights. The applicant remained entitled to be declared a statutory small tenant and to renewal of his tenancy.

Citation
[1923] ScotLR 222
Parties
Applicant and Respondent: William Clelland; Respondents and Appellants: William Baird & Company, Limited
Jurisdiction
Scotland
Judgment Date
24 January 1923
Procedural Posture
Appeal (special Case) From Land Court / Inner House, Court of Session, Final Judgment
Outcome
Appeal dismissed; Land Court's decision affirmed; applicant declared statutory small tenant.
Legal Topics
Statutory Small Tenancy, Right to Renewal of Tenancy, Contracting Out of Statutory Rights, Interpretation of 'agreement to the Contrary', Small Landholders (scotland) Act 1911
Landlord and Tenant Agricultural Law Statutory Small Tenancy Right to Renewal of Tenancy Contracting Out of Statutory Rights Interpretation of 'agreement to the Contrary' Small Landholders (scotland) Act 1911

Case Brief

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Parties

William Clelland

Applicant and Respondent

William Baird & Company, Limited

Respondents and Appellants

Procedural Posture

Appeal (special Case) From Land Court / Inner House, Court of Session, Final Judgment

Legal Issues

  1. 1 Whether a tenant who entered into missives altering his tenancy can be deprived of statutory small tenant status under the Small Landholders (Scotland) Acts 1886 to 1919 by virtue of those missives.
  2. 2 Whether the agreement (missives) constituted an 'agreement to the contrary' under section 32(4) of the Small Landholders (Scotland) Act 1911, and is thus void.

Ratio Decidendi

Any agreement, whether direct or indirect, that deprives a statutory small tenant of the right to renewal of tenancy under section 32(4) of the Small Landholders (Scotland) Act 1911 is void. The missives constituted such an agreement to the contrary and cannot defeat the tenant's statutory rights. The applicant remained entitled to be declared a statutory small tenant and to renewal of his tenancy.

Court Disposition

Appeal dismissed; Land Court's decision affirmed; applicant declared statutory small tenant.

Orders

  • Applicant declared statutory small tenant under the Small Landholders (Scotland) Acts 1886 to 1919.
  • Tenancy renewed for three years from Whitsunday 1922 at agreed rent of £7, 4s. 6d.