Brucefield Estate Trustee Company Ltd and others v Computacenter (UK) Ltd

Landlord and tenant – Termination of lease – Notice of termination – Tacit relocation. Sheriff Court: Granting decree de plano in an action by landlords who sought a declaration that the lease of business premises continued by tacit relocation for period of one year and decree for payment of rent said to be due by the tenants, the court held that the lease did not require notice by either party of their intention to terminate it to be given in writing, however, the actings of the landlords' agent as founded on by the tenants could not be sufficient to constitute notice to them of the landlords' intention to terminate the lease and thus exclude any continuation of the lease by tacit relocation, and the action could be disposed of without hearing any evidence as even if the tenants proved all their averments they simply could not succeed with their defence.

Category: