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Scotland Case Law

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Property law [2014] ScotCS CSOH_36

Burgerking Ltd v Castlebrook Holdings Ltd

Burgerking Ltd v Castlebrook Holdings Ltd [2014] ScotCS CSOH_36 (25 February 2014)

The Court of Session held that consent to sub-let could be refused where the proposed sub-tenant itself was not shown to be respectable and responsible.

  • Landlord and tenant
  • Sub-letting
  • Consent to sub-lease
  • Reasonableness of withholding consent
  • Landlord-and-tenant
  • Consent-to-sublet
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Property law [2006] ScotCS CSOH_13

Burgerking Ltd v. Rachel Charitable Trust

Burgerking Ltd v. Rachel Charitable Trust [2006] ScotCS CSOH_13 (24 January 2006)

The court held that consent to a proposed sublease was not unreasonably withheld, because the reverse premium was large enough to justify the landlord’s refusal.

  • Lease assignment and subletting
  • Reasonableness of withholding consent
  • Reverse premium
  • Market rent determination
  • Lease-subletting-consent
  • Reasonableness-of-landlord-consent
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Property law [2000] ScotCS 103

Sears Properties Netherlands BV v Coal Pension Properties Ltd

Sears Properties Netherlands BV v Coal Pension Properties Ltd [2000] ScotCS 103 (11 April 2000)

Court of Session held that a sub-lease clause did not give the head landlord a jus quaesitum tertio, and consent to assignation could not be unreasonably withheld.

  • Sub-leases
  • Assignation of lease
  • Jus quaesitum tertio
  • Reasonableness of withholding consent
  • Privity of contract
  • Assignation-of-lease
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.