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Possfund Custodial Trustee Limited v Kwik-Fit Properties Limited [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] CSIH 65, 5 December 2008. The appellant tenant (K) held a lease on commercial premises which had formerly (before K had been granted the lease) been used as a garage and had underground fuel storage tanks. The respondent landlord (P) informed K that it wished to inspect the premises to assess whether any soil contamination had occurred as a result of the tanks, an investigation which would involve the drilling of boreholes and take several days. P claimed that such an inspection was allowed under the lease, however K argued that the works were too intrusive. The Outer House found in favour of P, on the grounds that a landlord was entitled to carry out works and their power was not limited to a visual inspection. K appealed. Held: appeal allowed. The inspection clause in the lease did not cover investigatory works of the kind proposed by P, and the granting of a lease precludes the landlord from interfering with the tenant's possession of the property.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 147214-2001

[2008] CSIH 65, 5 December 2008. The appellant tenant (K) held a lease on commercial premises which had formerly (before K had been granted the lease) been used as a garage and had underground fuel storage tanks. The respondent landlord (P) informed K that it wished to inspect the premises to assess whether any soil contamination had occurred as a result of the tanks, an investigation which would involve the drilling of boreholes and take several days. P claimed that such an inspection was allowed under the lease, however K argued that the works were too intrusive. The Outer House found in favour of P, on the grounds that a landlord was entitled to carry out works and their power was not limited to a visual inspection. K appealed. Held: appeal allowed. The inspection clause in the lease did not cover investigatory works of the kind proposed by P, and the granting of a lease precludes the landlord from interfering with the tenant's possession of the property.