Steel v. Findlay and Others [1900] ScotLR 37_272 (09 January 1900)
The lease placed the obligation for ordinary repairs, including those to the roof, on the tenant. There was no averment that the disrepair was due to extraordinary causes. Therefore, the landlord was not liable, and the tenant's defence was irrelevant.
- Citation
- [1900] ScotLR 37_272
- Parties
- Pursuer: Trustees of the late James Turner; Defender: Mary Scott Steel
- Jurisdiction
- Scotland
- Judgment Date
- 09 January 1900
- Procedural Posture
- Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division
- Outcome
- appeal dismissed; interlocutor of Sheriff affirmed
- Legal Topics
- Lease Interpretation, Repair Obligations, Abatement of Rent, Landlord's Duty, Tenant's Duty
Case Brief
Summary, issues, holding and outcome
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Parties
Trustees of the late James Turner
Pursuer
Mary Scott Steel
Defender
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, First Division
Legal Issues
- 1 Whether the landlord is obliged to keep the premises wind and watertight when the lease places repair obligations on the tenant
- 2 Whether the tenant is entitled to abatement of rent or damages for loss of use due to disrepair
Ratio Decidendi
The lease placed the obligation for ordinary repairs, including those to the roof, on the tenant. There was no averment that the disrepair was due to extraordinary causes. Therefore, the landlord was not liable, and the tenant's defence was irrelevant.
Court Disposition
appeal dismissed; interlocutor of Sheriff affirmed
Orders
- Defender's pleas repelled
- Sheriff's interlocutor affirmed
Full Case Text
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