WEST DUNBARTONSHIRE COUNCIL, APPEAL BY v WILLIAM THOMPSON AND SON (DUMBARTON) Ltd [2015] ScotCS CSIH_93 (16 December 2015)

WEST DUNBARTONSHIRE COUNCIL, APPEAL BY v WILLIAM THOMPSON AND SON (DUMBARTON) Ltd [2015] ScotCS CSIH_93 (16 December 2015)

The notice was not addressed to the tenants as defined in the Lease and contained multiple errors in the name, which went beyond trivial mis-spelling. Therefore, it did not comply with the contractually agreed requirements and was not a valid notice for the purposes of triggering the rent review provisions.

Citation
[2015] ScotCS CSIH_93
Parties
Pursuers and Appellants: West Dunbartonshire Council; Defenders and Respondents: William Thompson and Son (Dumbarton) Limited
Jurisdiction
Scotland
Judgment Date
16 December 2015
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal refused
Legal Topics
Lease Interpretation, Rent Review Notice Validity, Formal Requirements of Contractual Notices
Contract Law Property Law Lease Interpretation Rent Review Notice Validity Formal Requirements of Contractual Notices

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Parties

West Dunbartonshire Council

Pursuers and Appellants

William Thompson and Son (Dumbarton) Limited

Defenders and Respondents

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a notice addressed incorrectly to 'Wm Thompson & Sons Ltd' instead of 'William Thompson and Son (Dumbarton) Limited' constituted a valid notice under the Lease sufficient to trigger rent review provisions

Ratio Decidendi

The notice was not addressed to the tenants as defined in the Lease and contained multiple errors in the name, which went beyond trivial mis-spelling. Therefore, it did not comply with the contractually agreed requirements and was not a valid notice for the purposes of triggering the rent review provisions.

Court Disposition

appeal refused

Orders

  • Sheriff's interlocutor dated 22 January 2015 adhered to
  • No valid rent review notice; decree of absolvitor stands