Cathcart v. Chalmers [1910] ScotLR 207 (20 December 1910)

Cathcart v. Chalmers [1910] ScotLR 207 (20 December 1910)

A lease provision requiring a tenant to make a claim for compensation more than one month before the end of the tenancy is void under section 36 of the Agricultural Holdings (Scotland) Act 1883, as it deprives the tenant of the statutory right to claim compensation at any time before the determination of the tenancy. Such a provision is not saved by section 5, as it does not merely substitute a fair and reasonable scale of compensation but unlawfully restricts the statutory right itself.

Citation
[1910] ScotLR 207
Parties
Complainer: Sir Reginald Archibald Edward Cathcart, Baronet; Respondent: Alexander Hyslop Chalmers; Arbiter/respondent: J. Montgomerie Pearson
Jurisdiction
Scotland
Judgment Date
20 December 1910
Procedural Posture
Civil Agricultural Tenancy Dispute / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
interlocutor of Lord Ordinary recalled; suspension repelled; interdict refused
Legal Topics
Compensation for Improvements, Statutory Rights of Tenants, Contracting Out of Statutory Rights, Time Limits for Claims, Void Agreements Under Statute
Land Law Agricultural Law Contract Law Compensation for Improvements Statutory Rights of Tenants Contracting Out of Statutory Rights Time Limits for Claims Void Agreements Under Statute

Case Brief

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Parties

Sir Reginald Archibald Edward Cathcart, Baronet

Complainer

Alexander Hyslop Chalmers

Respondent

J. Montgomerie Pearson

Arbiter/respondent

Procedural Posture

Civil Agricultural Tenancy Dispute / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a lease provision requiring a tenant to make a compensation claim more than one month before termination of tenancy is void under the Agricultural Holdings (Scotland) Act 1883, section 36.
  2. 2 Whether such a provision unlawfully deprives the tenant of statutory rights to compensation for improvements.

Ratio Decidendi

A lease provision requiring a tenant to make a claim for compensation more than one month before the end of the tenancy is void under section 36 of the Agricultural Holdings (Scotland) Act 1883, as it deprives the tenant of the statutory right to claim compensation at any time before the determination of the tenancy. Such a provision is not saved by section 5, as it does not merely substitute a fair and reasonable scale of compensation but unlawfully restricts the statutory right itself.

Court Disposition

interlocutor of Lord Ordinary recalled; suspension repelled; interdict refused

Orders

  • The interlocutor of Lord Guthrie dated 13th January 1910 is recalled.
  • The reasons of suspension are repelled.