Remedies in landlord and tenant disputes—Scotland
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper

The following Property Disputes practice note produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper provides comprehensive and up to date legal information covering:

  • Remedies in landlord and tenant disputes—Scotland
  • Interdict
  • Interim Interdict
  • Specific implement
  • Interim specific implement
  • Payment action
  • Damages action
  • Causation
  • Remoteness
  • Amount of Loss
  • More...

Remedies in landlord and tenant disputes—Scotland

The main remedies available in the context of landlord and tenant disputes in Scotland are:

  1. Interdict

  2. Specific implement

  3. Payment action

  4. Damages action

  5. Rescission

  6. Retention of rent

  7. Irritancy

  8. Hypothec

  9. Action for recovery of heritable property

Interdict

Interdict is a judicial remedy which can be used to prevent a breach or an anticipated breach of a contract by a party, eg in landlord and tenant disputes, it could be sought by a landlord to prevent a tenant using the property for a purpose other than the one for which it is let. It is the equivalent of the English remedy of injunction.

An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If sought in the sheriff court then proceedings must be raised in the sheriff court where the defender is domiciled or where the alleged wrong is being committed. However, the sheriff has power to grant an interdict which has effect outside the sheriffdom. There are six Sheriffdoms in Scotland:

  1. Glasgow and Strathkelvin

  2. Grampian, Highland and Islands

  3. Lothian and Borders

  4. North Strathclyde

  5. South Strathclyde, Dumfries and Galloway

  6. Tayside, Central and Fife

Interim Interdict

Interdict may be granted on an interim basis pending final judgment. To obtain an interim

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