Commercial lease repair and dilapidation disputes in Scotland
Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA
Commercial lease repair and dilapidation disputes in Scotland

The following Property Disputes practice note Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod and Jennifer Talbot of DLA provides comprehensive and up to date legal information covering:

  • Commercial lease repair and dilapidation disputes in Scotland
  • Interpreting repair obligations in commercial leases
  • Landlord’s common law warrandice
  • Put and keep obligations
  • Habitable and tenantable repair
  • Plant and equipment
  • Landlord’s satisfaction
  • Schedules of condition
  • Ordinary and extraordinary repairs
  • What is an extraordinary repair?
  • More...

This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim dilapidations, remedies for breach of repairing obligations by either landlord or tenant, the extent of repair obligations and the obligation to make payment in respect of repairs upon termination of a commercial lease. For main judicial and non-judicial remedies in the context of landlord and tenant disputes in Scotland generally, see Practice Note: Remedies in landlord and tenant disputes—Scotland.

Interpreting repair obligations in commercial leases

The repair clause within a lease will set out the respective liabilities and obligations of the landlord and tenant in respect of the premises let and any common parts of the property, of which the premises form part. In practice, parties and their solicitors will negotiate the apportionment of liability for repairs, and clear wording is required to transfer liability for repairs from the landlord to the tenant. Care should also be taken when defining the scope of the premises let and the extent of common parts to ensure that liability is apportioned accordingly, see Practice Note: Repair clauses in commercial leases in Scotland—Contracting out of the common law—the full repairing and insuring lease.

Landlord’s common law warrandice

At common law, in the absence of an express provision to the contrary, a lease contains an implied warrandice from the landlord that the premises are

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