The rights of tenants under a remedial works agreement

In Network Rail Infrastructure Ltd v Fern Trustee 1 Ltd and Others [2021] CSOH 107 Lord Tyre held that the tenants of a property were not entitled to a declarator that the works done under a Remedial Works Agreement had not been completed because of their concern that the works had not been done satisfactorily. It was held, as a matter of construction of the relevant agreement, that it drew a clear distinction between the rights and obligations of the owner of the property and the rights of the tenants. The obligation of the owner was to liaise with the tenants but the decision whether or not to include an item in the Owner’s Completion Statement was ultimately a matter for the owners and not for the tenants. The tenants therefore did not have the right for which they contended and their claim was dismissed.