Recovering rent, arrears and rates considerations in Scotland

Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper
Practice notes

Recovering rent, arrears and rates considerations in Scotland

Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper

Practice notes
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Rent

Rent is the sum due by a Tenant to the landlord for use or occupancy of a property. The amount of rent must be ascertainable from the lease. This does not mean it must be stated for the whole Term of a lease, but an initial rent must be identified, along with a mechanism (usually a rent review clause) to enable future rents to be ascertained. Rent is usually stated to be exclusive of VAT, payable without deduction and without demand. See Practice Note: Rent and rent review in commercial leases in Scotland.

Commercial rents are usually paid in advance by equal instalments on the quarter days (28 February, May, August, and November), although English parties sometimes prefer to choose English quarter days (25 December, 25 March, 24 June and 29 September). Payment of rent monthly is also becoming increasingly popular. Where rent is payable quarterly in advance, the whole instalment is payable on the quarter day. This point can be important where a tenant

Gavin Deeprose
Gavin Deeprose

Gavin is a Senior Professional Support Lawyer in DLA Piper's Litigation & Regulatory Group. He provides technical support to legal professionals within the Group across a diverse range of subject areas including property, commercial and regulatory disputes. He monitors, updates and trains lawyers and clients on relevant legal and regulatory developments, creates and maintains litigation and other styles for use within the Group and produces articles and client bulletins for publication on the firm's website and newspapers, journals and online platforms. He also works on global projects to enhance the quality of client service.

Prior to becoming a professional support lawyer Gavin gained substantial experience as practitioner, working at two major Scottish firms. He is an experienced litigator specialising in commercial disputes, including property related claims, corporate debt recovery and repossessions, and insurance litigation, acting for many prominent companies and financial institutions.

Gavin is a member of the Association of Litigation PSLs. He has a keen interest in pro bono work and is the Pro Bono Co-ordinator for DLA Piper's Edinburgh office.

Alistair Drummond
Alistair Drummond chambers

Alistair heads up DLA Piper's Litigation and Regulatory practice in Scotland, and specialises in all aspects of Commercial Property and Commercial Lease disputes and Contentious Construction issues. He advises on wide ranging matters including dilapidations, keep open clauses, landlord's consent, irritancy, lease interpretation, servitudes, enforcement of missives and agreements for lease, amongst others. Recognised by his peers and clients alike as having extensive and comprehensive knowledge of his area of practice, Alistair is frequently requested to lecture and present seminars and training events on the subject.

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Jurisdiction(s):
United Kingdom
Key definition:
Arrears definition
What does Arrears mean?

Sums reserved in a lease which a tenant fails to pay on the due date. A right to forfeit may be reserved in a lease once sums have been outstanding for a specified period of time.

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