FreeLegalWeb

Appeal from the Land Court:- The appellant is the landlord of the holding of Colstoun Mains, Haddington, and the respondent is the tenant. The Land Court had heard parties on the question of whether certain proposed adjustments should be allowed and, if so, whether the Court would be deprived of jurisdiction to entertain the tenant's application. The Land Court refused to allow amendment of the landlord's pleadings. Here the appellants appealed on three grounds:- (1) whether the Land Court had power to disallow the proposed adjustments; (2) whether the landlord's right to plead section 13(8)(b) to prevent the Land Court from proceeding with the rent review can be renounced or otherwise lost by the landlord; and (3) if the Land Court had power to disallow the adjustments and if the landlord's right under section 13(8)(b) is one that can be lost, whether the Land Court exercised its discretion correctly. Here the court considered the issues raised in the appeal.