Scott v. Duff [1916] ScotLR 621 (27 June 1916)

Scott v. Duff [1916] ScotLR 621 (27 June 1916)

The tenant's right to apply as a statutory small tenant depends on the rent actually paid for the last year of the lease, not the rent at the commencement of the Act. Since the rent in the last year was under £50, the tenant qualified under the Act.

Citation
[1916] ScotLR 621
Parties
Appellant: Thomas Duff Gordon Duff; Respondent: William Scott
Jurisdiction
Scotland
Judgment Date
27 June 1916
Procedural Posture
Special Case (appeal From Scottish Land Court) / Judgment on Questions of Law
Outcome
Appeal dismissed; Land Court's decision affirmed
Legal Topics
Statutory Small Tenancy Qualification, Interpretation of 'present Rent' Under Small Landholders (scotland) Act 1911, Timing for Assessment of Rent for Statutory Qualification
Land Law Agricultural Tenancy Statutory Small Tenancy Qualification Interpretation of 'present Rent' Under Small Landholders (scotland) Act 1911 Timing for Assessment of Rent for Statutory Qualification

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Parties

Thomas Duff Gordon Duff

Appellant

William Scott

Respondent

Procedural Posture

Special Case (appeal From Scottish Land Court) / Judgment on Questions of Law

Legal Issues

  1. 1 Whether the tenant's qualification as a statutory small tenant under the Small Landholders (Scotland) Act 1911 depends on the rent at the commencement of the Act or at the termination of the lease
  2. 2 Whether the Land Court was entitled to fix the period of renewal and equitable rent from the termination of the lease

Ratio Decidendi

The tenant's right to apply as a statutory small tenant depends on the rent actually paid for the last year of the lease, not the rent at the commencement of the Act. Since the rent in the last year was under £50, the tenant qualified under the Act.

Court Disposition

Appeal dismissed; Land Court's decision affirmed

Orders

  • Applicant held to be a statutory small tenant under the Act
  • Entitled to renewal of tenancy and equitable rent fixed at £35 per annum from Martinmas 1913