McMahon v Associated Rentals Ltd
Language: English Series: Scots Law Times ; 1987 Part 21, 22 May 1987, 94-96(3)Publication details: 1987Subject(s): Summary: Sheriff Court 13 June 1986. The tenant of a grocers shop given notice of termination of the tenancy applied for renewal of the tenancy under Tenancy of Shops (Scotland) Act 1949 s1(1) . The application was opposed and a diet of proof fixed to take place after the date upon which notice of termination was to take effect. The tenant did not seek an interim order under the s1(5) of the 1949 Act. After proof, the sheriff granted the application and renewed the tenancy for one year. The landlords appealed contending that since the tenant had not sought an interim order the tenancy ceased to exist prior to the diet of proof. HELD that the effect of s1(2) of the Act by which the parties were deemed to have entered into a new lease was to create a new statutory tenancy which was not a renewal of the old lease. Appeal refused.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS37705 (Browse shelf(Opens below)) | 1 | Available | 6316-1001 |
Sheriff Court 13 June 1986. The tenant of a grocers shop given notice of termination of the tenancy applied for renewal of the tenancy under Tenancy of Shops (Scotland) Act 1949 s1(1) . The application was opposed and a diet of proof fixed to take place after the date upon which notice of termination was to take effect. The tenant did not seek an interim order under the s1(5) of the 1949 Act. After proof, the sheriff granted the application and renewed the tenancy for one year. The landlords appealed contending that since the tenant had not sought an interim order the tenancy ceased to exist prior to the diet of proof. HELD that the effect of s1(2) of the Act by which the parties were deemed to have entered into a new lease was to create a new statutory tenancy which was not a renewal of the old lease. Appeal refused.