Tonsley (Strathclyde) Ltd and another v Scottish Enterprise

Landlord and tenant – Commercial lease – Tenant's repairing obligations. Court of Session: In an action by landlords against the former tenants of a commercial building in which the landlords contended that the tenants were bound in terms of a clause of the lease to pay them a sum equal to the cost of putting the premises into such good and substantial repair as was in accordance with the defenders' obligations under lease, the court agreed with the pursuers' submission that on a proper construction the relevant clause operated as a 'payment clause' and it concluded that the pursuers' averments in relation to certification were sufficient to entitle them to inquiry.

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