000			02045cam a2200253 4500
001			ABS64008
008			000000n2001 000 0 eng u
035			_a(Sirsi) u112817
245			_aAlexander v Royal Hotel (Caithness) Ltd
260			_c2001
490			_aEstates Gazette _v[2001] 16 EG 148-158(11)
520			_aCS: IH 6 October 2000. Appellant (A) held a lease on an agricultural holding acquired by the respondent (R). A withheld rent because R had failed in their obligation to repair the farm buildings. A refused to meet R's demand to pay rent arrears, so R served a notice to quit under the Agricultural Holdings (Scotland) Act 1991 s22(2)(d). An arbiter was appointed by the parties, who made an interim award stating that A was entitled to withhold rent if R was in breach of their obligations, and allowed proof to confirm this. R instigated a case, whereby the sheriff decided that under the 1991 Act, the arbiter was not entitled to consider A's liability for rent and A's common law right to keep back rent where R was in breach was no defence. A appealed, which was allowed: the issues raised by A as to his liability to pay rent had to be resolved by arbitration as outlined in the Agricultural Holdings (Scotland) Act 1991 s60(1); there is nothing in s22(2)(d) incompatible with the common law principle regarding the question of whether rent is due and a notice to quit would therefore be invalid. Copy of judgement available on http://www.scotcourts.gov.uk/opinions/0_66_17(4)_98.html
590			_aABS
650			_aALEXANDER V ROYAL HOTEL (CAITHNESS) LTD
650			_aAGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991
650			_aWITHHOLDING
650			_aREPAIRING OBLIGATIONS
650			_aNOTICE TO QUIT
650			_aSCOTTISH LAW
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
690			_aLANDLORD AND TENANT-AGRICULTURAL TENANCIES-CASE LAW
856			_uhttps://www.scotcourts.gov.uk/opinions/0_66_17(4)_98.html
942			_n0
999			_c67162 _d67162