News and Events from August 2011

News Archive August 2011

No Veto for Joint Landlord

In an unprecedented case, the relationship of two adjacent land-owners both of whose lands are let on a single lease has been clarified by the recent Outer House decision in Crewpace Ltd. v. French [2011] C.S.O.H. 133.  One of two such 'joint landlords' of a single agricultural holding objected that between them the other landlords and the tenant had resumed parts of the farm, or agreed on a renunciation of the lease over them.  The other landlords sought recompense for what they alleged was the unjustified enrichment of their fellow landlords, arguing that their consent should first have been obtained to such alterations of a contract to which they were party.  Temporary Judge Morag Wise Q.C. disagreed, holding in the absence of any reported authority that addressed such a claim, that the pursuing landlords had no interest in the lease over the other landlords' property, and dismissed their action.  Michael Upton, one of the Stable's two Deputy Directors, acted for the successful defenders.