British Rail Pension Trustee Co Ltd v Wilson
British Rail Pension Trustee Co Ltd v Wilson
- 1989
- Scots Law Times (1989) SLT 340-343(4) .
Outer House 25 October 1988. The landlords (B) raised an action of declarator that their tenants (W) had forfeited their right to occupy agricultural land and must remove themselves therefrom. W occupied the land under two separate leases. They became in arrears of rent and failed to pay after a written demand. By provisions of the irritancy clause in both leases B could by written intimation end the leases, should W not pay the rent. Intimation was made in a single letter addressed to both tenants. Sometime later B wrote again intimating that they held the leases to be irritated on the grounds of failure to pay rent and required that W remove from the holdings. W contended that 1) the irritancy founded upon in the lease in each case could be purged and had been purged and 2) in any event, the letters were invalid since they were not separate letters in respect of each lease. Held that a conventional irritancy that was materially the same as a legal irritancy was capable of being pur
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
POSSESSION
SCOTLAND
Outer House 25 October 1988. The landlords (B) raised an action of declarator that their tenants (W) had forfeited their right to occupy agricultural land and must remove themselves therefrom. W occupied the land under two separate leases. They became in arrears of rent and failed to pay after a written demand. By provisions of the irritancy clause in both leases B could by written intimation end the leases, should W not pay the rent. Intimation was made in a single letter addressed to both tenants. Sometime later B wrote again intimating that they held the leases to be irritated on the grounds of failure to pay rent and required that W remove from the holdings. W contended that 1) the irritancy founded upon in the lease in each case could be purged and had been purged and 2) in any event, the letters were invalid since they were not separate letters in respect of each lease. Held that a conventional irritancy that was materially the same as a legal irritancy was capable of being pur
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
POSSESSION
SCOTLAND