Clackmannanshire Council v Tullis Plastics Ltd [2001] ScotCS 109 (10 May 2001)

Clackmannanshire Council v Tullis Plastics Ltd [2001] ScotCS 109 (10 May 2001)

The absence of an averment that the defenders gave prior written consent to the revised rent of £50,000 is not fatal, as the missives' terms and the defenders' awareness of the revised rent before conclusion entitle the pursuers to proof before answer on the claim for £50,000 per annum rent.

Citation
[2001] ScotCS 109
Parties
Pursuer: Clackmannanshire Council; Defender: Tullis Plastics Ltd
Jurisdiction
Scotland
Judgment Date
10 May 2001
Procedural Posture
Civil / Debate on Relevancy and Specification
Outcome
Pursuers allowed to amend pleadings; defenders allowed to answer; case to proceed to further procedure; expenses reserved.
Legal Topics
Sub Lease, Missives of Let, Rent Review, Head Landlord's Consent, Arrears of Rent, Recompense
Landlord and Tenant Contract Sub Lease Missives of Let Rent Review Head Landlord's Consent Arrears of Rent Recompense

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Parties

Clackmannanshire Council

Pursuer

Tullis Plastics Ltd

Defender

Procedural Posture

Civil / Debate on Relevancy and Specification

Legal Issues

  1. 1 Whether the missives of let constituted a binding contract without head landlord's consent
  2. 2 Whether the defenders were liable for revised rent of £50,000 per annum or only £45,000 per annum

Ratio Decidendi

The absence of an averment that the defenders gave prior written consent to the revised rent of £50,000 is not fatal, as the missives' terms and the defenders' awareness of the revised rent before conclusion entitle the pursuers to proof before answer on the claim for £50,000 per annum rent.

Court Disposition

Pursuers allowed to amend pleadings; defenders allowed to answer; case to proceed to further procedure; expenses reserved.

Orders

  • Pursuers to lodge Minute of Amendment within four weeks.
  • Defenders to answer within three weeks thereafter.