Marquis of Bute v. Prender Leith [1921] ScotLR 290 (05 January 1921)

Marquis of Bute v. Prender Leith [1921] ScotLR 290 (05 January 1921)

The Increase of Rent and Mortgage Interest (Restrictions) Act 1920 does not apply to an employee occupying a house solely by virtue of his employment; such occupancy is not a tenancy, and upon termination of service, the occupier has no statutory protection against ejection.

Citation
[1921] ScotLR 290
Parties
Pursuer/respondent: Marquis of Bute; Defender/appellant: Andrew Prenderleith
Jurisdiction
Scotland
Judgment Date
05 January 1921
Procedural Posture
Civil Appeal / Appeal From Sheriff and Sheriff Substitute to Court of Session Inner House, First Division
Outcome
appeal dismissed
Legal Topics
Master and Servant, Ejection, Statutory Interpretation, Occupancy Under Contract of Service
Landlord and Tenant Employment Law Master and Servant Ejection Statutory Interpretation Occupancy Under Contract of Service

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Parties

Marquis of Bute

Pursuer/respondent

Andrew Prenderleith

Defender/appellant

Procedural Posture

Civil Appeal / Appeal From Sheriff and Sheriff Substitute to Court of Session Inner House, First Division

Legal Issues

  1. 1 Does the Increase of Rent and Mortgage Interest (Restrictions) Act 1920 protect an employee occupying a house solely by virtue of his employment from ejection after termination of service?
  2. 2 Is such an occupier to be treated as a tenant under the Act?

Ratio Decidendi

The Increase of Rent and Mortgage Interest (Restrictions) Act 1920 does not apply to an employee occupying a house solely by virtue of his employment; such occupancy is not a tenancy, and upon termination of service, the occupier has no statutory protection against ejection.

Court Disposition

appeal dismissed

Orders

  • appeal refused
  • interlocutors of the Sheriff and Sheriff-Substitute affirmed