RECLAIMING MOTION BY ROCKFORD TRILOGY LTD AGAINST NCR LTD [2021] ScotCS CSIH_56 (18 October 2021)

RECLAIMING MOTION BY ROCKFORD TRILOGY LTD AGAINST NCR LTD [2021] ScotCS CSIH_56 (18 October 2021)

The email of 21 January 2020 provided sufficient intimation that the respondents would not continue under the lease on its current terms, excluding implied consent to prolongation and thus excluding tacit relocation.

Citation
[2021] ScotCS CSIH_56
Parties
Pursuers and Reclaimers: Rockford Trilogy Ltd; Defenders and Respondents: NCR Ltd
Jurisdiction
Scotland
Judgment Date
18 October 2021
Procedural Posture
Reclaiming Motion / Appeal
Outcome
Reclaiming motion refused
Legal Topics
Tacit Relocation, Lease Renewal, Notice to Quit
Property Law Landlord and Tenant Tacit Relocation Lease Renewal Notice to Quit

Case Brief

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Parties

Rockford Trilogy Ltd

Pursuers and Reclaimers

NCR Ltd

Defenders and Respondents

Procedural Posture

Reclaiming Motion / Appeal

Legal Issues

  1. 1 Whether the lease was extended by tacit relocation
  2. 2 Whether the email of 21 January 2020 constituted sufficient intimation to exclude tacit relocation

Ratio Decidendi

The email of 21 January 2020 provided sufficient intimation that the respondents would not continue under the lease on its current terms, excluding implied consent to prolongation and thus excluding tacit relocation.

Court Disposition

Reclaiming motion refused

Orders

  • Lease not extended by tacit relocation
  • No new lease entered into