Viscountess Cowdray v. Ferries [1918] ScotLR 261 (05 February 1918)

Viscountess Cowdray v. Ferries [1918] ScotLR 261 (05 February 1918)

The respondent's notice of claim for compensation was not given within two months of the landlord's definitive refusal to renew the tenancy on 10 October 1916, as required by section 10 of the Agricultural Holdings (Scotland) Act 1908. Strict compliance with the statutory notice period is essential, and the respondent's notice on 22 January 1917 was too late. Accordingly, the respondent is not entitled to arbitration or compensation for unreasonable disturbance.

Citation
[1918] ScotLR 261
Parties
Complainer: Viscountess Cowdray; Respondent: Nathaniel Fraser Ferries
Jurisdiction
Scotland
Judgment Date
05 February 1918
Procedural Posture
Suspension and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Decision
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; interdict granted as craved.
Legal Topics
Compensation for Unreasonable Disturbance, Notice to Quit, Renewal of Tenancy, Statutory Notice Requirements, Tacit Relocation
Landlord and Tenant Agricultural Law Compensation for Unreasonable Disturbance Notice to Quit Renewal of Tenancy Statutory Notice Requirements Tacit Relocation

Case Brief

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Parties

Viscountess Cowdray

Complainer

Nathaniel Fraser Ferries

Respondent

Procedural Posture

Suspension and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the tenant's notice of claim for compensation for unreasonable disturbance was timeous under section 10 of the Agricultural Holdings (Scotland) Act 1908
  2. 2 Whether the landlord's notice to quit was valid under the Act and/or the lease
  3. 3 Whether negotiations and refusal to renew tenancy gave rise to a fresh period for notice of claim

Ratio Decidendi

The respondent's notice of claim for compensation was not given within two months of the landlord's definitive refusal to renew the tenancy on 10 October 1916, as required by section 10 of the Agricultural Holdings (Scotland) Act 1908. Strict compliance with the statutory notice period is essential, and the respondent's notice on 22 January 1917 was too late. Accordingly, the respondent is not entitled to arbitration or compensation for unreasonable disturbance.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; interdict granted as craved.

Orders

  • The interlocutor of the Lord Ordinary is recalled.
  • The respondent is interdicted, prohibited, and discharged from proceeding with the arbitration for compensation for unreasonable disturbance.