Guide to the differences between commercial lease transactions in England and Scotland
Produced in partnership with Rachel Oliphant of Pinsent Masons
Guide to the differences between commercial lease transactions in England and Scotland

The following Property practice note Produced in partnership with Rachel Oliphant of Pinsent Masons provides comprehensive and up to date legal information covering:

  • Guide to the differences between commercial lease transactions in England and Scotland
  • Length of term of lease and basic form of lease
  • Security of tenure
  • Tacit relocation
  • Sub-leases/underleases
  • Assignation/assignment
  • Privity of contract
  • Irritancy/forfeiture
  • Damage or destruction of the leased premises
  • Completing the lease and registration
  • More...

This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at pre-contract, contract, post-contract, completion and settlement and post-completion and settlement stages.

ENGLAND and WALESSCOTLAND
Pre-contract
  1. tenant raises pre-contract enquiries of the landlord

  2. tenant carries out due diligence ordering all necessary information (such as official copies of the landlord's title, land charges search, coal mining reports, enquiries of local authority etc)

  3. landlord issues draft agreement for lease (which incorporates standard conditions of sale) draft lease and any other necessary draft documents such as licence for fitting out works

  4. parties negotiate draft documents

  5. landlord obtains any necessary third party consents to the lease eg head landlord's consent or bank's consent if there is a legal charge over the property

  6. once documentation agreed if the lease is to be contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) the appropriate provisions must be complied with ie the notice procedure must be followed and either a statutory declaration or declaration obtained from the tenant

  1. landlord provides tenant with landlord's title and all necessary searches (such as local authority property enquiry certificate, coal mining report etc)

  2. tenant carries out due diligence satisfying itself on title and related matters. Tenant's solicitor raises specific

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