L Batley Pet Products Limited vs. North Lanarkshire Council
Balfour+Manson represented the Landlords (L Batley Pet Products Limited) in a recent case which went to the Supreme Court in London. The issue was a relatively fine point but one which is of significance in such matters. The question was whether or not it was competent for a request for the Tenants to remove their alterations to be made orally or whether it had to be in writing. The terms of the Head Lease which were imported into the Sub Lease indicated that notices, requests and demands were to be in writing. The terms of the Licence for Works authorising the alterations indicated that if so requested by the Landlords the alterations had to be reinstated. The Court held that in the particular circumstances written notice was not required. Furthermore, the Court held that the basic obligation in the Lease to repair, maintain and reinstate the premises did not require any notice to activate it and therefore that continued to apply.
Particularly in times of recession dilapidations are a matter of considerable importance to Landlords and Tenants. This decision helps clarify matters with regard to the notice required.