Perth City Wall Ltd v Smart Events Ltd [2001] ScotCS 172 (29 June 2001)

Perth City Wall Ltd v Smart Events Ltd [2001] ScotCS 172 (29 June 2001)

The pursuers failed to comply with the mandatory statutory requirements for notice of irritancy under section 4 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, rendering the notices invalid and preventing termination of the lease.

Citation
[2001] ScotCS 172
Parties
Pursuer: Perth City Wall Limited; Defender: Smart Events Limited
Jurisdiction
Scotland
Judgment Date
29 June 2001
Procedural Posture
Civil / Final Judgment
Outcome
action dismissed
Legal Topics
Lease Irritancy, Statutory Notice Requirements, Termination of Lease
Landlord and Tenant Contract Law Lease Irritancy Statutory Notice Requirements Termination of Lease

Case Brief

Summary, issues, holding and outcome

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Parties

Perth City Wall Limited

Pursuer

Smart Events Limited

Defender

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the lease was validly terminated by notice of irritancy under statutory requirements
  2. 2 Whether the pursuers are entitled to declarator of irritancy and decree of removing
  3. 3 Whether a claim for violent profits arises while the tenant contests the validity of termination

Ratio Decidendi

The pursuers failed to comply with the mandatory statutory requirements for notice of irritancy under section 4 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, rendering the notices invalid and preventing termination of the lease.

Court Disposition

action dismissed

Orders

  • Sustain defenders' first, third and fourth pleas-in-law
  • Dismiss action