000			01664cad a22001935a 4500
001			E147214
008			090416e20081205xxk v 000 0 eng d
035			_a(Sirsi) u147214
041	0		_aeng
245	0	0	_aPossfund Custodial Trustee Limited v Kwik-Fit Properties Limited _h[electronic resource]
260			_c2008
520			_a[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.
590			_aKA
650	2	4	_aPOSSFUND CUSTODIAL TRUSTEE LTD V KWIK-FIT PROPERTIES LTD
651		4	_aScotland _y1999-
690			_aPROPERTY-COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES
856	4	0	_uhttps://www.scotcourts.gov.uk/opinions/2008csih65.html _zView the decision free of charge at www.scotcourts.gov.uk...
942			_n0
999			_c81437 _d81437