MacDonald v Strathclyde RC
MacDonald v Strathclyde RC
- 1990
- Scots Law Times 1990 SLT 10-16(7) .
LT for Scotland 1 March 1989. The tenant applied to purchase the house which she rented from the council as head teacher of a school . Her application was refused on the grounds that the house was part of the curtilage of a building held by the council for educational purposes and that the tenant did not have a written lease under Housing (Scotland) Act 1987 . The council claimed there was no lease due to a previous breach of tenancy agreement but the tenant had been allowed to stay on as it was necessary for the better performance of her duties. They also objected on the grounds that the land on which the house stood had been gifted in feu to their predecessors in title on the basis that it should be used only for a school and residence of a school teacher. It was held that as the house had independent access it was not part of the curtilage; the council could not found of their own breach of statutory duty to provide a lease; the tenants contract of employment did not necessarily r
RIGHT TO BUY
LT for Scotland 1 March 1989. The tenant applied to purchase the house which she rented from the council as head teacher of a school . Her application was refused on the grounds that the house was part of the curtilage of a building held by the council for educational purposes and that the tenant did not have a written lease under Housing (Scotland) Act 1987 . The council claimed there was no lease due to a previous breach of tenancy agreement but the tenant had been allowed to stay on as it was necessary for the better performance of her duties. They also objected on the grounds that the land on which the house stood had been gifted in feu to their predecessors in title on the basis that it should be used only for a school and residence of a school teacher. It was held that as the house had independent access it was not part of the curtilage; the council could not found of their own breach of statutory duty to provide a lease; the tenants contract of employment did not necessarily r
RIGHT TO BUY