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Commercial Leases

Arbitrator’s powers and duties – awards – terms of the lease

Manchester Associated Mills Ltd v Mitchells & Butler Retail Ltd [2013] CSOH 2 (Lord Malcolm)

This Scottish case concerned a 99-year building lease of a public house ‘The Three Lums’ in Aberdeen granted in 1981. The petitioner, a Salford based company is the current landlord. The respondent, a Birmingham based company is the current tenant. The rent payable was a turnover rent subject to maximum and minimum sums which were subject to review every five years in the following terms:

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