Successful Court of Session action
Acting for Tenants, CBS Outdoor, we were successful in a Court of Session action raised by the Landlords against our clients who were Tenants of premises in Livingston. The Tenants had a break option with certain conditions. Following the service of a Notice on behalf of the clients taking up the option to terminate the Lease early the Landlords’ Solicitors intimated to the Tenants that the Landlords considered the exercise of the option to be invalid and in particular that the Tenants had not complied with their obligations in terms of the break clause and that the Lease was to continue.
The action by the Landlords was one of declarator that the Tenants had not validly terminated the Lease. The case turned on the Landlords’ assertion that the required final payments had not been made. The Court concluded that it was not possible to arrive at a construction that imposed any obligation on the Tenants other than those that had been implemented by them. Accordingly the decision went in their favour and the Lease was held to be as at an end. This was a reported case signifying new law and one of many examples of situations where we are required to robustly enforce our clients’ rights and remedies under leases of commercial premises.