000			01691cab a2200253 4500
001			ABS59830
008			090401t1998 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u90495
041			_aeng
245			_aDollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland)
260			_c1998
350			_a0
490			_aEstates Gazette Law Reports _v9851 19 December 1998, 88-89(2)
520			_aHL 16 July 1998. An agreement made by CIN and CDC whereby CDC would develop a shopping centre and grant a headlease to CIN for 125 years. CIN agreed inter alia to finance the development and on completion grant a sublease, which contained a conventional irritancy (forfeiture) clause, to CDC for 99 years. CIN were to obtain a return on their investment through rent paid under the sublease and CDC would receive rents from the subtenants. The sublease was assigned by CDC to the appellants DLC. When DLC failed to pay rent under the sublease CIN as landlord raised an action for declarator of irritancy of the sublease. The LO granted the decree resulting in CIN becoming entitled to absolute possession. DLC appealed on the grounds that due to the complex commercial arrangement, the court had the power to remedy the tenant where the enrichment to the landlord was disproportionate to the breach. Held, appeal dismissed.
650			_aDOLLAR LAND (CUMBERNAULD) LTD V CIN PROPERTIES LTD
650			_aFORFEITURE
650			_aIRRITANCY CLAUSES
650			_aLAW REFORM (MISCELLANEOUS PROVISIONS) (SCOTLAND) ACT 1985 S4(2)
650			_aSUBLEASES
650			_aUNJUST ENRICHMENT
690			_aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942			_n0
948			_c04/01/1999
999			_c57382 _d57382