ST ANDREWS FOREST LODGES Ltd v GRIEVE & Anor [2017] ScotSC 25 (25 April 2017)

ST ANDREWS FOREST LODGES Ltd v GRIEVE & Anor [2017] ScotSC 25 (25 April 2017)

The agreement between the parties constituted a lease, not a licence, as all cardinal elements of a lease were present, including exclusive possession. The tenancy was not a holiday let and thus was an assured tenancy under the Housing (Scotland) Act 1988. The defenders are liable for rent and electricity, but as rent was tendered and refused, decree for payment of rent is not granted. The pursuer is entitled to decree for payment of electricity costs. The defenders are not liable for violent profits as they had a bona fide defence.

Citation
[2017] ScotSC 25
Parties
Pursuer: ST ANDREWS FOREST LODGES LTD.; Defender: Jeremy Grieve; Defender: Iona Grieve
Jurisdiction
Scotland
Judgment Date
25 April 2017
Procedural Posture
Civil / Judgment After Proof
Outcome
Defenders absolved from removal and payment of rent; decree granted for payment of electricity costs only; other craves dismissed; expenses continued.
Legal Topics
Lease Versus Licence, Assured Tenancy, Exclusive Possession, Holiday Let, Statutory Protection Under Housing (scotland) Act 1988, Reimbursement of Utilities, Violent Profits
Property Law Landlord and Tenant Law Contract Law Lease Versus Licence Assured Tenancy Exclusive Possession Holiday Let Statutory Protection Under Housing (scotland) Act 1988 +2 more

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Parties

ST ANDREWS FOREST LODGES LTD.

Pursuer

Jeremy Grieve

Defender

Iona Grieve

Defender

Procedural Posture

Civil / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders' occupation of the Lodge was under a lease or a licence
  2. 2 Whether the tenancy was an assured tenancy under the Housing (Scotland) Act 1988
  3. 3 Whether the defenders are liable for unpaid rent and electricity

Ratio Decidendi

The agreement between the parties constituted a lease, not a licence, as all cardinal elements of a lease were present, including exclusive possession. The tenancy was not a holiday let and thus was an assured tenancy under the Housing (Scotland) Act 1988. The defenders are liable for rent and electricity, but as rent was tendered and refused, decree for payment of rent is not granted. The pursuer is entitled to decree for payment of electricity costs. The defenders are not liable for violent profits as they had a bona fide defence.

Court Disposition

Defenders absolved from removal and payment of rent; decree granted for payment of electricity costs only; other craves dismissed; expenses continued.

Orders

  • Decree for payment by defenders to pursuer of £750 for electricity, with interest at the judicial rate from date of decree until payment.
  • Defenders assoilzied from craves for removal and payment of rent.