B & M RETAIL LTD AGAINST LXI COWDENBEATH LTD [2024] ScotCS CSOH_49 (14 May 2024)

B & M RETAIL LTD AGAINST LXI COWDENBEATH LTD [2024] ScotCS CSOH_49 (14 May 2024)

The property demised to the tenant is the whole area within the broken blue line on the plan annexed to the lease, including the footpaths. The definition of common parts expressly excludes parts of the development leased to tenants. There is no ambiguity in the lease wording; the plan is definitive for identifying the property. The footpaths are not common parts, and the tenant is responsible for their maintenance and repair.

Citation
[2024] ScotCS CSOH_49
Parties
Pursuer: B & M Retail Limited; Defender: LXI Cowdenbeath Limited
Jurisdiction
Scotland
Judgment Date
14 May 2024
Procedural Posture
Commercial Lease Dispute / Debate on Construction of Lease; Judgment at First Instance
Outcome
action dismissed
Legal Topics
Construction of Leases, Interpretation of Contractual Terms, Definition of Common Parts, Repair and Maintenance Obligations
Property Law Contract Law Commercial Leases Construction of Leases Interpretation of Contractual Terms Definition of Common Parts Repair and Maintenance Obligations

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Parties

B & M Retail Limited

Pursuer

LXI Cowdenbeath Limited

Defender

Procedural Posture

Commercial Lease Dispute / Debate on Construction of Lease; Judgment at First Instance

Legal Issues

  1. 1 Which party is responsible for the maintenance and repair of the footpaths under the lease?
  2. 2 Do the footpaths form part of the property demised to the tenant or the common parts retained by the landlord?

Ratio Decidendi

The property demised to the tenant is the whole area within the broken blue line on the plan annexed to the lease, including the footpaths. The definition of common parts expressly excludes parts of the development leased to tenants. There is no ambiguity in the lease wording; the plan is definitive for identifying the property. The footpaths are not common parts, and the tenant is responsible for their maintenance and repair.

Court Disposition

action dismissed

Orders

  • Defender's first plea-in-law sustained
  • Action dismissed