Select Service Partner Ltd v Network Rail Infrastructure Ltd

Landlord and tenant – Tenancy of shop – Renewal of lease. Sheriff Court: Dismissing an application under s 1 of the Tenancy of Shops (Scotland) Act 1949 for renewal of the lease of a take-away outlet at Waverley Station, Edinburgh, the court, after examining the meaning and application of the 1949 Act and concluding that the terms of s 1(1) of the Act indicated that the tenant must do something to negotiate or seek renewal from the landlord before coming to court, went on to hold that a multi-million pound company such as the pursuer could not argue hardship from the loss of one outlet of one of its brands at one location and that it was reasonable in all the circumstances that the application be dismissed.

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