Barron v Borders RC

Barron v Borders RC - 1987 - Scots Law Times 27 November 1987, 36-39(4) .

Lands Tribunal for Scotland 5 August 1987. A headmaster applied to purchase his schoolhouse , adjacent to the school under Tenants` Rights etc (Scotland) Act 1980 s1 . This was refused on the grounds that the house formed part of, or was within the curtilage of the school, ie a building that consisted of accommodation other than housing accommodation and hence the tenancy was not a secure tenancy . Although the house had no common feature with the school the authority claimed that in this case curtilage meant `the overall concept` of the school. However it was held that the schoolhouse was not ground used for the comfortable enjoyment of the school and therefore the headmaster did have a right to buy .