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Scotland decisions
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The Inner House held that the lease required the hotel to be yielded up no better than its commencement condition, with the Schedule of Condition serving as evidence, not the exclusive record.
HFD Glasgow 3 LTD against Student Loans Company LTD (Court of Session) [2026] CSOH 40 (17 April 2026)
Court of Session case on dilapidations set a remit for an expert to assess repair defects, necessary works, and reasonable costs, and refused recovery of a video survey in hoc statu.
APPEAL AGAINST A DECISION OF THE SCOTTISH LAND COURT BY THE TRUSTEES OF THE ROXBURGHE SECOND DISCRETIONARY TRUST AGAINST ROBIN DOUGLAS LINDSAY BATCHELOR [2023] ScotCS CSIH_41 (10 November 2023)
The Court of Session held that a lease clause required the landlord to carry out fence maintenance, with the tenant liable only for half the cost.
ASHTENNE CALEDONIA LTD AGAINST MAHMOOD SALEEM [2023] ScotCS CSOH_18 (08 March 2023)
The Court of Session rejected a tenant’s objections to a surveyor’s draft dilapidations report, holding that the reporter applied the correct repair standard and acted within remit.
DAVID TANNER AGAINST E MOSS LTD [2022] ScotCS CSOH_33 (26 April 2022)
A Scottish lease dispute about whether a departing tenant could remove moveables and trade fixtures from a former pharmacy, and when that right ended.
COAL PENSION PROPERTIES LTD against TECHNIP UK LTD [2021] ScotCS CSOH_39 (14 April 2021)
The Outer House held that the landlord’s surveyor’s certification under the lease was binding if reasonable, covered required works and valuation, and sustained the demand.
3639 LTD AGAINST RENFREWSHIRE COUNCIL [2020] ScotCS CSOH_86 (23 September 2020)
The Court of Session held that the rental element of a surrender premium fell within “Rack Rental Income” under the head lease.
TOSCAIG LTD AGAINST POUNDLAND LTD [2020] ScotCS CSOH_59 (10 June 2020)
A landlord’s service-charge claim survived debate where the court held the lease construction and cost apportionment issues needed factual inquiry.
ASHTEAD PLANT HIRE COMPANY LTD AGAINST GRANTON CENTRAL DEVELOPMENTS LTD [2020] ScotCS CSIH_2 (21 January 2020)
The Court of Session held that a rent review clause did not exclude all buildings on the subjects; the disregard applied only to tenant-funded or later landlord works.
DRUM INCOME PLUS LTD AGAINST LS BUCHANAN LTD [2019] ScotCS CSOH_94 (26 November 2019)
The court held that a lease could require the tenant to pay the fair cost of reinstatement works even if the landlord did not do the works.
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