000			01415cab a2200181 4500
001			ABS42373
008			090401t1990 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u36418
041			_aeng
245			_aBP Oil Ltd v Caledonian Heritable Estates Ltd
260			_c1990
350			_a0
490			_aScots Law Times _v1990 SLT 114-116(3)
520			_aOuter House 5 October 1988. In 1977 the British Railways Board (BR) entered into a 20 year lease with tenants (BP). Clause 4 of the lease provided that the tenants should erect only a petrol filling station and use the site for no other purpose. Clause 18 granted to BR the right of irritancy should clause 4 be broken. In 1978 planning permission was obtained by BP for use of the site as car display and sales area. Through an oversight BR`s consent was not obtained to this contravention of Clause 4. The oversight was disclosed in 1982 when BR agreed to the change of use only until they disposed of the subject. In 1985 the subject was sold to CH who objected to the change of use and threatened to irritate the lease if the car sales did not cease. BP brought an action against CH stating that a variation in use had been agreed in 1982. The court decided that the original agreement in 1982 was personal between BR and BP and was not binding on CH.
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/03/1997
999			_c23659 _d23659