Irritancy in commercial leases—Scotland
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper
Irritancy in commercial leases—Scotland

The following Property Disputes practice note produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper provides comprehensive and up to date legal information covering:

  • Irritancy in commercial leases—Scotland
  • Background
  • Legal irritancy
  • Conventional irritancy
  • Procedure
  • Pre-irritancy notice—monetary breach
  • The irritancy notice
  • Legal proceedings
  • Defences
  • Oppression
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and procedure have been introduced, which affect the following:

  1. proceedings against commercial tenants from termination on the grounds of non-payment of rent, see: Commercial leases and CIGA 2020

  2. insolvency legislation of both a permanent and temporary nature including the presentation of winding up petitions, service of statutory demands and making of winding up orders, safeguarding commercial tenants against aggressive rent collection tactics, see: CIGA 2020

  3. service of various notices in relation to private residential tenancies, and assured and short assured tenancies, see: Residential tenancies

  4. enforcing standard security and repossession proceedings against borrowers, see: Enforcing standard security

  5. practice and procedure in the First Tier Tribunal for Scotland (housing and property chamber) procedure, see: First Tier Tribunal for Scotland (housing and property chamber) procedure

  6. suspension of the Registers of Scotland application record and the launch of the Digital Submission Service, see: Registers of Scotland

For further information and guidance, see Practice Note: Coronavirus (COVID-19)—property in Scotland and for an archive of news on Scotland and Scots law developments, see: Coronavirus (COVID-19)—Scotland tracker—Property and Property disputes.

Background

This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it considers the differences between legal and conventional irritancies, irritancy procedure, defences and the effect of irritancy on sub-leases and charge-holders. It

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