A landmark decision has been reached for the outdoor access community, the terms of which are very much the key to unlocking access rights in Scotland. The decision provides clarification of the two previously most authoritative judgments on Access Rights in a useful and meaningful way.
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Latest articles from Andrew Upton
The Inner House of the Court of Session has today determined that a landlord does not necessarily need to prove that works will in fact be carried out in order to succeed in a claim for dilapidations. The correct question is what the parties intended at the commencement of the lease, and it is then that steps must be taken to safeguard against claims by landlords seeking a windfall rather than a recovery of losses.
Landlords who have found themselves with a commercial property and a dissolved tenant can now go forward with the comfort of knowing that the tenant’s subsequent restoration will not cause any difficulties for a new letting arrangement, so long as a notice of disclaimer has been obtained.
A Sheriff Principal has recently departed from a previous court decision that notices served on tenants threatening irritancy for non-payment of financial obligations required to specify the periods during which the payments had fallen due.