A debate to be resumed
Fox, Alasdair G.
A debate to be resumed - 2006 - Journal of the Law Society of Scotland 51(6) June 2006, 42(1) .
Discusses the uncertain position of the law in respect of the validity of irritancy and resumption clauses with limited notice periods relating to leases governed by the Agricultural Holdings (Scotland) Act 1991. Considers "Palmer's Executors v Shaw" ([2003] Scot CS 318, [2004] SLT 261) and "Trustees of the Earl of Stair's 1970 Trust v Robert Downie" which is to be appealed on 23 November 2006. Concludes that until the appeal decision is issued, confusion will remain to the extent that no tenant could be advised to submit to a notice of irritancy or resumption served on the strength of a clause containing a notice period of one month or less or no timescale, in excess of one month within which the tenant can rectify the default which is to give rise to the irritancy or resumption. This state of affairs is causing great difficulties to landlords.
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 2003
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 S18
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 S43
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 S44
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1949
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1923
TRUSTEES OF THE EARL OF STAIR'S 1970 TRUST V DOWNIE
PALMER'S EXECUTORS V SHAW
Scotland--1999-
A debate to be resumed - 2006 - Journal of the Law Society of Scotland 51(6) June 2006, 42(1) .
Discusses the uncertain position of the law in respect of the validity of irritancy and resumption clauses with limited notice periods relating to leases governed by the Agricultural Holdings (Scotland) Act 1991. Considers "Palmer's Executors v Shaw" ([2003] Scot CS 318, [2004] SLT 261) and "Trustees of the Earl of Stair's 1970 Trust v Robert Downie" which is to be appealed on 23 November 2006. Concludes that until the appeal decision is issued, confusion will remain to the extent that no tenant could be advised to submit to a notice of irritancy or resumption served on the strength of a clause containing a notice period of one month or less or no timescale, in excess of one month within which the tenant can rectify the default which is to give rise to the irritancy or resumption. This state of affairs is causing great difficulties to landlords.
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 2003
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 S18
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 S43
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 S44
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1949
AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1923
TRUSTEES OF THE EARL OF STAIR'S 1970 TRUST V DOWNIE
PALMER'S EXECUTORS V SHAW
Scotland--1999-