Tawne Overseas Holdings Ltd v The Firm of Newmiln Farms & Ors [2008] ScotCS CSOH_12 (25 January 2008)

Tawne Overseas Holdings Ltd v The Firm of Newmiln Farms & Ors [2008] ScotCS CSOH_12 (25 January 2008)

The pursuers failed to comply with mandatory statutory notice requirements under section 4 of the 1985 Act for the house lease, and sought to enforce an unenforceable penalty clause in both leases. Their conduct amounted to waiver of any right to irritate the farm lease. Defenders are entitled to be assoilzied in all actions.

Citation
[2008] ScotCS CSOH_12
Parties
Pursuer: Tawne Overseas Holdings Limited; Defender: The Firm of Newmiln Farms; Defender: James McFarlane; Defender: Elaine McFarlane
Jurisdiction
Scotland
Judgment Date
25 January 2008
Procedural Posture
Civil / Judgment After Proof
Outcome
defenders assoilzied in all four actions
Legal Topics
Irritancy of Leases, Penalty Clauses, Statutory Notice Requirements, Waiver and Personal Bar
Landlord and Tenant Contract Law Agricultural Law Irritancy of Leases Penalty Clauses Statutory Notice Requirements Waiver and Personal Bar

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Parties

Tawne Overseas Holdings Limited

Pursuer

The Firm of Newmiln Farms

Defender

James McFarlane

Defender

Elaine McFarlane

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether irritancy notices in respect of the house lease complied with section 4 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985
  2. 2 Whether clause 7 of the lease constitutes an unenforceable penalty clause
  3. 3 Whether pursuers validly exercised irritancy rights under the farm lease

Ratio Decidendi

The pursuers failed to comply with mandatory statutory notice requirements under section 4 of the 1985 Act for the house lease, and sought to enforce an unenforceable penalty clause in both leases. Their conduct amounted to waiver of any right to irritate the farm lease. Defenders are entitled to be assoilzied in all actions.

Court Disposition

defenders assoilzied in all four actions

Orders

  • defenders assoilzied in respect of all four actions
  • defenders granted expenses of the actions insofar as not already dealt with