The following Property guidance note Produced in partnership with David William John Bell of Harper Macleod LLP provides comprehensive and up to date legal information covering:
This Practice Note sets out the law on rent and rent review provisions in commercial leases in Scotland. For contentious aspects of rent and rent review see Practice Note: Recovering rent, arrears and rates considerations in Scotland
One of the essential common law requirements for a contract of lease to exist is the payment of rent even if this is only a nominal amount.
Rent is usually payable quarterly in advance on the Scottish quarter days but it is not uncommon for some leases where the landlord is an English property company or pension fund, to provide for rent to be paid on the English quarter days (see below) in order to create consistency across the landlord's property portfolio.
Following the recession in 2008, it has become more common for retail tenants to ask their landlords for rent to be paid monthly in advance and many landlords are prepared to agree to this. Such agreements are usually personal to the original tenant and documented by way of a back letter, see Practice Note: Back letters to commercial leases in Scotland
The new Scottish quarter days are:
Candlemas, 28 February
Whitsunday, 28 May
Lammas, 28 August
Martinmas, 28 November
Some leases still refer to the ‘old’ Scottish quarter days which are:
Candlemas, 2 February
Whitsunday, 15 May
Lammas, 1 August
Martinmas, 11 November
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234