Executor of Miss Maclean v Kershaw and others
Language: English Series: SLC ; 1993 R 145-165(21)Publication details: 1993Subject(s): Summary: SLC Application Western Isles RN 2595 Order of 17 November 1993. The executor of a former tenant of a holding consisting of a house and garden applied to the Court to define the nature of her tenancy. She had become the tenant, at a rent of £3 per annum, on the death of her mother, the previous tenant, in 1987, and had remained in the property until her own death in 1993. Her brother claimed to be the tenant-at-will of the property, a right he claimed as devolving on him as the only som and heir of theirfather, who died intestate in 1927. he challenged the jurisdiction of the Court to determine the status of a holding as being a tenancy-at- will, claiming that such jurisdiction was statutorily conferred on the Lands Tribunal. Having given their reasons for rejecting this general proposition, the Court found that the holding was a cottar tenancy, the landlord himself adhering to this view and there being no evidence of any tenancies-at-will in the district. In any event, the son had f| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | E2055 (Browse shelf(Opens below)) | 1 | Available | 37303-1001 |
SLC Application Western Isles RN 2595 Order of 17 November 1993. The executor of a former tenant of a holding consisting of a house and garden applied to the Court to define the nature of her tenancy. She had become the tenant, at a rent of £3 per annum, on the death of her mother, the previous tenant, in 1987, and had remained in the property until her own death in 1993. Her brother claimed to be the tenant-at-will of the property, a right he claimed as devolving on him as the only som and heir of theirfather, who died intestate in 1927. he challenged the jurisdiction of the Court to determine the status of a holding as being a tenancy-at- will, claiming that such jurisdiction was statutorily conferred on the Lands Tribunal. Having given their reasons for rejecting this general proposition, the Court found that the holding was a cottar tenancy, the landlord himself adhering to this view and there being no evidence of any tenancies-at-will in the district. In any event, the son had f