Lands Tribunal for Scotland


Landlord and Tenant – Public sector housing – Tenants Rights – Right to purchase – Whether tenancy secure – Whether subjects within the curtilage of a school – Housing (Scotland) Act 2001, Schedule 1, paragraph 9

McLaren v North Ayrshire Council
5 October 2005

The applicant applied to purchase a former schoolhouse tenanted by him at Corrie, Arran. The only issue was whether it lay within the curtilage of the adjoining primary school. The school occasionally used part of the schoolhouse grounds for recreational purposes. However the Tribunal was satisfied on the evidence that this was probably at the invitation of the tenant. Part of the area at the back of the schoolhouse (the “yard”) opened on to the playground. The yard was found to be part of the applicant’s tenancy. In the particular circumstances the Tribunal was satisfied that it lay within the physical curtilage of the school.

Held: (1) it was sufficient to bring a case within the provisions of paragraph 9 that part of the tenanted subjects fell within the relevant curtilage; (2) even if the yard had not been within the obvious physical boundary of the school at that point, it was an area reasonably required for comfortable enjoyment of the school and properly described as part of its curtilage; (3) use of part of tenanted subjects at the whim of the tenant could not be described as reasonably required for the comfortable enjoyment of the retained subjects so as to bring the tenanted subjects within the curtilage if they were not within its physical boundary.

Authorities referred to:

Allison v Tayside Regional Council 1989 SLT (Lands Tr) 65
Assessor for Lothian Region v BP Oil Grangemouth Refinery Ltd 1985 SLT 453
Barron v Borders Regional Council 1987 SLT (Lands Tr) 36
Burns v Central Regional Council 1988 SLT (Lands Tr) 46
Campbell v Highland Regional Council (LTS/TR/1995/18)
Fisher v Fife Regional Council 1989 SLT (Lands Tr) 26
Liddell v Grampian Regional Council (LTS/TR/1992/30)
MacDonald v Strathclyde Regional Council 1990 SLT (Lands Tr) 10
McTurk v Fife Regional Council 1990 SLT (Lands Tr) 49
Richardson v Central Regional Council (LTS/TR/1987/32)
Shipman v Lothian Regional Council 1989 SLT (Lands Tr) 82
Sinclair-Lockhart’s Trustees v Central Land Board 1951 SC 258
Stevenson v North Ayrshire Council (LTS/TR/1996/27)
Waddell v Falkirk Council (LTS/TR/1997/16)
Walker v Strathclyde Regional Council 1990 SLT (Lands Tr) 17

See full decision:  LTS/TR/2004/2