Gilmour v. Craig [1908] ScotLR 362 (29 January 1908)

A tenant is not in default for rent due on a specified day if payment is made at any time during that day; thus, sequestration for rent before the expiry of the term day is premature and wrongful.

Citation: [1908] ScotLR 362
Parties: Pursuer: Thomas Hyslop Gilmour; Defender: William Godfrey Craig
Jurisdiction: Scotland
Judgment Date: 29 January 1908
Procedural Posture: Civil / Appeal (inner House, First Division)
Outcome: Court adhered to the Lord Ordinary's interlocutor; issue allowed to proceed to jury.
Legal Topics: Wrongful Sequestration, Payment of Rent, Legal Tender, Timing of Rent Payment, Damages for Wrongful Diligence

Reparation Landlord and Tenant Diligence Wrongful Sequestration Payment of Rent Legal Tender Timing of Rent Payment Damages for Wrongful Diligence

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 2

Parties

Thomas Hyslop Gilmour

Pursuer

William Godfrey Craig

Defender

Procedural Posture

Civil / Appeal (inner House, First Division)

Legal Issues

1 Whether a landlord's sequestration for rent on the term day, after tender of payment by cheque, is wrongful
2 Whether payment of rent by cheque on the term day constitutes valid payment
3 Whether the tenant was in arrear before the end of the term day

Ratio Decidendi

A tenant is not in default for rent due on a specified day if payment is made at any time during that day; thus, sequestration for rent before the expiry of the term day is premature and wrongful.

Court Disposition

Court adhered to the Lord Ordinary's interlocutor; issue allowed to proceed to jury.

Orders

Issue allowed in ordinary form for jury trial
No summary judgment for defender