LORMOR Ltd AGAINST GLASGOW CITY COUNCIL [2014] ScotCS CSIH_80 (26 September 2014)

LORMOR Ltd AGAINST GLASGOW CITY COUNCIL [2014] ScotCS CSIH_80 (26 September 2014)

Section 34 of the Sheriff Courts (Scotland) Act 1907 does not require a tenant to give six months’ notice to terminate a lease and prevent tacit relocation; the common law period of forty days’ notice by the tenant remains sufficient. Section 34 is procedural, applies to landlords seeking to use the expedited remedy, and does not alter the substantive law for tenants.

Citation
[2014] ScotCS CSIH_80
Parties
Pursuers and Appellants: Lormor Limited; Defenders and Respondents: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
26 September 2014
Procedural Posture
Appeal From Sheriff Court (civil, Lease Dispute) / Appeal Judgment
Outcome
Appeal refused; decree of dismissal granted.
Legal Topics
Tacit Relocation, Notice to Terminate Lease, Sheriff Courts (scotland) Act 1907 S34, Common Law Notice Periods, Procedural Vs Substantive Law
Landlord and Tenant Property Law Civil Procedure Tacit Relocation Notice to Terminate Lease Sheriff Courts (scotland) Act 1907 S34 Common Law Notice Periods Procedural Vs Substantive Law

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Parties

Lormor Limited

Pursuers and Appellants

Glasgow City Council

Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court (civil, Lease Dispute) / Appeal Judgment

Legal Issues

  1. 1 Does section 34 of the Sheriff Courts (Scotland) Act 1907 require a tenant of lands exceeding two acres let from year to year to give not less than 6 months’ notice to prevent tacit relocation, or does the common law period of forty days’ notice suffice?
  2. 2 Does section 34 alter the substantive law regarding notice periods for tenants, or is it purely procedural?

Ratio Decidendi

Section 34 of the Sheriff Courts (Scotland) Act 1907 does not require a tenant to give six months’ notice to terminate a lease and prevent tacit relocation; the common law period of forty days’ notice by the tenant remains sufficient. Section 34 is procedural, applies to landlords seeking to use the expedited remedy, and does not alter the substantive law for tenants.

Court Disposition

Appeal refused; decree of dismissal granted.

Orders

  • Decree of dismissal granted in favour of defenders and respondents (Glasgow City Council).