Postel Properties Ltd v Miller and Santhouse plc
Postel Properties Ltd v Miller and Santhouse plc
- 1993
- Scots Law Times 1993 9 SLT 353-357(5) .
Court of Session Outer House 9 July 1992. The defenders, M, were lessees of a shop in Sauchiehall Centre, Glasgow. Terms of the lease included stipulations that the premises be used solely for retail purposes and not remain unoccupied for more than 21 days without written consent. In response to P`s claim M admitted a breach of covenant but contended that the pursuers` conclusion for implement was incompetent for lack of precision and enforceability. The court concurred and P`s action failed.
COVENANT TO OCCUPY
LAW REFORM (MISCELLANEOUS PROVISIONS)(SCOTLAND) ACT 1949
LEASES
OCCUPATION
SCOTLAND
Court of Session Outer House 9 July 1992. The defenders, M, were lessees of a shop in Sauchiehall Centre, Glasgow. Terms of the lease included stipulations that the premises be used solely for retail purposes and not remain unoccupied for more than 21 days without written consent. In response to P`s claim M admitted a breach of covenant but contended that the pursuers` conclusion for implement was incompetent for lack of precision and enforceability. The court concurred and P`s action failed.
COVENANT TO OCCUPY
LAW REFORM (MISCELLANEOUS PROVISIONS)(SCOTLAND) ACT 1949
LEASES
OCCUPATION
SCOTLAND