Possfund Custodial Trustee Ltd v Kwik-Fit Properties Ltd [2008] ScotCS CSIH_65 (05 December 2008)

Possfund Custodial Trustee Ltd v Kwik-Fit Properties Ltd [2008] ScotCS CSIH_65 (05 December 2008)

Clause 3.11 of the lease does not entitle the landlord to carry out intrusive environmental investigations such as drilling boreholes, as the language and structure of the lease indicate that only non-intrusive inspections are permitted under that clause.

Citation
[2008] ScotCS CSIH_65
Parties
Pursuer and Respondent: Possfund Custodial Trustee Limited; Defender and Reclaimer: Kwik-Fit Properties Limited
Jurisdiction
Scotland
Judgment Date
05 December 2008
Procedural Posture
Commercial Lease Dispute / Appeal (inner House, Court of Session, Extra Division)
Outcome
action dismissed
Legal Topics
Construction of Lease, Landlord's Right of Inspection, Environmental Investigations, Tenant's Right to Possession
Property Law Landlord and Tenant Law Contract Law Construction of Lease Landlord's Right of Inspection Environmental Investigations Tenant's Right to Possession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Possfund Custodial Trustee Limited

Pursuer and Respondent

Kwik-Fit Properties Limited

Defender and Reclaimer

Procedural Posture

Commercial Lease Dispute / Appeal (inner House, Court of Session, Extra Division)

Legal Issues

  1. 1 Does the landlord's right of inspection under clause 3.11 of the lease entitle them to carry out intrusive environmental investigations, including drilling boreholes, to ascertain soil pollution?

Ratio Decidendi

Clause 3.11 of the lease does not entitle the landlord to carry out intrusive environmental investigations such as drilling boreholes, as the language and structure of the lease indicate that only non-intrusive inspections are permitted under that clause.

Court Disposition

action dismissed

Orders

  • Recall the interlocutor of the Lord Ordinary.
  • Sustain the defenders' plea to the relevancy of the pursuers' averments.