Signet Group plc v C & J Clark Retail Properties Ltd [1996] ScotCS CSIH_3 (14 June 1996)

Signet Group plc v C & J Clark Retail Properties Ltd [1996] ScotCS CSIH_3 (14 June 1996)

40 clear days' notice before Whitsunday is required to prevent tacit relocation in leases; notice given on the 40th day is insufficient. Unilateral actings by the tenant, unknown to the landlord, do not exclude tacit relocation. The tenants failed to give timeous notice, so the sublease continued by tacit relocation for 12 months from Whitsunday 1993.

Citation
[1996] ScotCS CSIH_3
Parties
Tenant: Signet Group plc; Landlord: C & J Clark Retail Properties Ltd
Jurisdiction
Scotland
Judgment Date
14 June 1996
Procedural Posture
Special Case (commercial Lease Dispute) / Appellate (hearing Before Extra Division, Court of Session)
Outcome
Sublease continued by tacit relocation for 12 months from Whitsunday 1993; question answered in the affirmative for the landlords.
Legal Topics
Tacit Relocation, Notice of Termination, Computation of Time, Lease Termination, Requirements for Notice
Landlord and Tenant Contract Law Property Law Tacit Relocation Notice of Termination Computation of Time Lease Termination Requirements for Notice

Case Brief

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Parties

Signet Group plc

Tenant

C & J Clark Retail Properties Ltd

Landlord

Procedural Posture

Special Case (commercial Lease Dispute) / Appellate (hearing Before Extra Division, Court of Session)

Legal Issues

  1. 1 Whether tacit relocation operated to continue the sublease for 12 months from Whitsunday 1993
  2. 2 Whether the tenants' notice of termination was timeous and sufficient to prevent tacit relocation
  3. 3 Whether unilateral actings by the tenant, unknown to the landlord, can exclude tacit relocation

Ratio Decidendi

40 clear days' notice before Whitsunday is required to prevent tacit relocation in leases; notice given on the 40th day is insufficient. Unilateral actings by the tenant, unknown to the landlord, do not exclude tacit relocation. The tenants failed to give timeous notice, so the sublease continued by tacit relocation for 12 months from Whitsunday 1993.

Court Disposition

Sublease continued by tacit relocation for 12 months from Whitsunday 1993; question answered in the affirmative for the landlords.