Hunter v. Tindale [2011] ScotSC 38 (22 July 2011)

Hunter v. Tindale [2011] ScotSC 38 (22 July 2011)

The pend at 123 Constitution Street constitutes a 'sector' within the tenement building under the Tenements (Scotland) Act 2004, and the owner is liable to contribute to the cost of repairs to common property, including the pediment of the archway, regardless of whether the pend is a 'close'.

Citation
[2011] ScotSC 38
Parties
Pursuer & Appellant: Mr John Hunter; Defender & Respondent: Mrs Helen Tindale
Jurisdiction
Scotland
Judgment Date
22 July 2011
Procedural Posture
Appeal (stated Case) From Small Claims Judgment / Appellate Judgment
Outcome
Appeal allowed
Legal Topics
Tenements (scotland) Act 2004, Common Property Repairs, Liability for Maintenance, Definition of 'sector' and 'close'
Property Law Statutory Interpretation Tenements (scotland) Act 2004 Common Property Repairs Liability for Maintenance Definition of 'sector' and 'close'

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Parties

Mr John Hunter

Pursuer & Appellant

Mrs Helen Tindale

Defender & Respondent

Procedural Posture

Appeal (stated Case) From Small Claims Judgment / Appellate Judgment

Legal Issues

  1. 1 Whether the pend at 123 Constitution Street forms part of the tenement building under the Tenements (Scotland) Act 2004
  2. 2 Whether the owner of the pend is liable for a share of common repair costs
  3. 3 Interpretation of 'close' and 'sector' under the Act

Ratio Decidendi

The pend at 123 Constitution Street constitutes a 'sector' within the tenement building under the Tenements (Scotland) Act 2004, and the owner is liable to contribute to the cost of repairs to common property, including the pediment of the archway, regardless of whether the pend is a 'close'.

Court Disposition

Appeal allowed

Orders

  • Defender and Respondent liable to Pursuer and Appellant in the sum of £677 with interest at 8% from date of citation until payment
  • Defender and Respondent liable for expenses of the small claims and appeal procedure