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Landlord and tenant – Commercial lease – Tenant's repairing obligations. Court of Session: Allowing a reclaiming motion in an action by landlords against the former tenants of a commercial building in which the landlords averred that at termination of the lease the subjects were not in good and substantial repair, the court held that the Lord Ordinary had erred in concluding both that the claim, so far as based on an obligation at termination to put the premises into a condition better than they were in at commencement, was not relevantly stated, and that the relevant clause of the lease did not preclude the defender from offering to prove that the claim should be quantified by reference to diminution in capital value rather than the cost of repair.
Landlord and tenant – Commercial lease – Tenant's repairing obligations. Court of Session: Allowing a reclaiming motion in an action by landlords against the former tenants of a commercial building in which the landlords averred that at termination of the lease the subjects were not in good and substantial repair, the court held that the Lord Ordinary had erred in concluding both that the claim, so far as based on an obligation at termination to put the premises into a condition better than they were in at commencement, was not relevantly stated, and that the relevant clause of the lease did not preclude the defender from offering to prove that the claim should be quantified by reference to diminution in capital value rather than the cost of repair.
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