000 01349cab a2200205 4500
001 ABS37705
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u6316
041 _aeng
245 _aMcMahon v Associated Rentals Ltd
260 _c1987
350 _a0
490 _aScots Law Times
_v1987 Part 21, 22 May 1987, 94-96(3)
520 _aSheriff 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.
650 _aBUSINESS TENANCIES
650 _aSCOTLAND
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c3802
_d3802