Gates v. Blair [1923] ScotLR 261 (09 February 1923)

Gates v. Blair [1923] ScotLR 261 (09 February 1923)

A notice to remove limited to only part of the leased premises is ineffective to terminate the tenancy as a whole; therefore, tacit relocation operates and the tenant remains entitled to possession for another year.

Citation
[1923] ScotLR 261
Parties
Pursuer: Henry Gates; Defender: Mrs Thirza Blair
Jurisdiction
Scotland
Judgment Date
09 February 1923
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House
Outcome
appeal dismissed
Legal Topics
Lease Termination, Notices to Quit, Tacit Relocation, Partial Eviction, Statutory Tenant Protection
Landlord and Tenant Property Law Lease Termination Notices to Quit Tacit Relocation Partial Eviction Statutory Tenant Protection

Case Brief

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Parties

Henry Gates

Pursuer

Mrs Thirza Blair

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House

Legal Issues

  1. 1 Whether a notice to remove limited to part of leased premises is effective to terminate the tenancy as a whole
  2. 2 Whether tacit relocation operates when only partial notice is given
  3. 3 Whether the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 protects the tenant from partial removal

Ratio Decidendi

A notice to remove limited to only part of the leased premises is ineffective to terminate the tenancy as a whole; therefore, tacit relocation operates and the tenant remains entitled to possession for another year.

Court Disposition

appeal dismissed

Orders

  • action dismissed
  • interlocutors of Sheriff and Sheriff-Substitute recalled