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A debate to be resumed

By: Contributor(s): Language: English Series: Journal of the Law Society of Scotland ; 51(6) June 2006, 42(1)Publication details: 2006Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L134558 (Browse shelf(Opens below)) 1 Available 134558-1001

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.

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