irritancy

in the Scots law of property, the termination of a lease as a result of certain failures on the part of the tenant. Irritancies are either legal or conventional. Legal irritancies maybe purged (satisfied) by complying with the term before a decree is extracted. Conventional irritancies cover matters such as non-payment of rent or prohibition of subletting. The common law was that a conventional irritancy could not be purged and a failure by some eleven days to pay rent in a commercial lease could not be escaped. However, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1986 provides that even after a conventional irritancy has been committed, it may be enforced only after 14 days' written notice has been given. Other provisions maybe enforced only if a fair and reasonable landlord would do so. Where an irritancy does take effect it is not an unjustified enrichment for the landlord to reap the gain of the value of the subjects when recovered.

IRRITANCY. In Scotland, it is the happening of a condition or event by which a charter, contract or other deed, to which a clause irritant is annexed, becomes void. Ersk. Inst. B. 2, t. 5, n. 25. Irritancy is a kind of forfeiture. It is legal or conventional. Burt. Man. P. R. 29 8.

Irritancy

Ir´ri`tan`cy

irritancy

irritancy