The following Property Disputes practice note Produced in partnership with Mark Davenport of DLA Piper provides comprehensive and up to date legal information covering:
This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease.
When granting a lease of commercial property, a landlord will often wish to ensure that certain alterations are not undertaken to the property by the tenant without landlord consent. A landlord will seek to maintain control over its property, particularly in respect of external appearance and structural integrity, often seeking to include an absolute prohibition on such work in the lease or requiring that landlord consent is obtained to such alterations by the tenant prior to such works being carried out. Internal and non-structural alterations are often permitted without consent, however, for this to be applicable there must be express provision to this effect in the lease and such provisions usually still require the tenant to give the landlord notification of such alterations in order that it can consider the effect which any such permitted alteration may have on its insurance, see Practice Notes: Alteration provisions in commercial leases in Scotland and Insurance provisions in commercial leases—Scotland.
Even where a lease does not contain specific conditions requiring landlord consent to be obtained prior to any tenant alteration, the common law requirement not to use the property beyond the purpose for which it has been let, restricts the tenant to making only minor alterations
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Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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