Sheriff Court case concerning missives of let for premises at 34-39 Ann Street in Aberdeen. The missives were dated 13 September 2006 and annexed to them was a draft lease. However, the draft lease was never engrossed and signed by the parties.
Although the missives provided for a lease with a term of ten years, they also contained a supersession clause providing that the missives would cease to have effect after a period of two years.
Speedy contended that, as no lease was signed, the formal written lease came to an end when the missives ceased to be enforceable on 13 September 2008. Thereafter the lease continued from year to year by tacit relocation until Speedy served a notice to quit on 9 December 2010 and left the premises on 13 September 2011. The Sheriff agreed with that argument and dismissed Gilcomston’s action for declarator that the parties were bound by a valid and enforceable lease for a period of 10 years from 13 September 2006.
The full judgement is available from Scottish Courts here.