P & O Property Holdings Ltd v Glasgow City Council [1998] ScotCS 64 (11 November 1998)

P & O Property Holdings Ltd v Glasgow City Council [1998] ScotCS 64 (11 November 1998)

Provided the pursuers have not terminated or accepted repudiation of the lease, they are not a person entitled to possession under section 24(3), and thus not liable for rates on the unoccupied property; entitlement to possession remains with the tenant until the lease is terminated.

Citation
[1998] ScotCS 64
Parties
Pursuer: P & O Property Holdings Limited; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
11 November 1998
Procedural Posture
Civil / Interlocutory Judgment on Declarator, Case Put Out by Order for Further Procedure
Outcome
No decree granted at this stage; case put out By Order to resolve factual dispute as to whether the lease has been terminated or repudiated.
Legal Topics
Liability for Rates, Unoccupied Property, Landlord and Tenant, Statutory Interpretation
Property Law Local Government Law Liability for Rates Unoccupied Property Landlord and Tenant Statutory Interpretation

Case Brief

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Parties

P & O Property Holdings Limited

Pursuer

Glasgow City Council

Defender

Procedural Posture

Civil / Interlocutory Judgment on Declarator, Case Put Out by Order for Further Procedure

Legal Issues

  1. 1 Whether the landlord is 'a person entitled to possession' under section 24(3) of the Local Government (Scotland) Act 1966 for liability to pay rates on unoccupied property when the lease has not been terminated and the tenant is in liquidation.

Ratio Decidendi

Provided the pursuers have not terminated or accepted repudiation of the lease, they are not a person entitled to possession under section 24(3), and thus not liable for rates on the unoccupied property; entitlement to possession remains with the tenant until the lease is terminated.

Court Disposition

No decree granted at this stage; case put out By Order to resolve factual dispute as to whether the lease has been terminated or repudiated.

Orders

  • Case put out By Order to ascertain whether defenders insist on the factual issue and how it should be resolved.