Cases - Scottish Mutual Assurance Society Ltd v British Telecommunications plc
Record details
- Name
- Scottish Mutual Assurance Society Ltd v British Telecommunications plc
- Date
- (1994)
- Citation
- Unreported
- Legislation
- Keywords
- Commercial property - property management - dilapidations - loss of rent - damages
- Summary
-
Where a landlord claims loss of rent as a head of damages at the end of the term of the lease, it is ‘an essential prerequisite that it should be demonstrated on the balance of probabilities that the carrying out of those repairs after the end of the term has prevented or will prevent the letting of the premises for that period.’
The decision also suggested that, if a landlord were to give notice to the tenant that it was required to reinstate alterations, at a time when the tenant could not comply before the lease expired, the tenant might be able to have a reasonable period to stay at the property to enable it to complete the necessary works. (The basis of occupation was not considered in the case.)