Tacit relocation in commercial leases in Scotland
Produced in partnership with Kenneth S Gerber of Mitchells Roberton

The following Property practice note produced in partnership with Kenneth S Gerber of Mitchells Roberton provides comprehensive and up to date legal information covering:

  • Tacit relocation in commercial leases in Scotland
  • Effect of tacit relocation
  • Can parties contract out of tacit relocation?
  • Notice to stop tacit relocation operating
  • Notice by tenant
  • Actual removal required
  • Plurality of parties
  • Subtenants
  • Exclusion of tacit relocation
  • Protection for shop tenants
  • More...

Tacit relocation in commercial leases in Scotland

In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:

  1. either party gives correct and timeous notification of termination

  2. follows this up by acting on that notice, and/or

  3. unless the tenant in a separate document confirms that the lease will end, and that they will vacate, on the specified termination date

Tacit relocation applies whether the lease was originally constituted:

  1. formally

  2. informally in circumstances where rei interventus applies, and

  3. orally

Tacit relocation does not apply to seasonal leases that do not require notice of termination, such as a lease of land for less than a year for grazing or mowing, or a sporting lease for a season. For further information, see: Leases affected: Stair Memorial Encyclopaedia [363].

Effect of tacit relocation

The rule of tacit relocation (or silent re-letting) is that if neither party has given notice of their intention to terminate the lease at its ish, the parties are, by their silence, presumed to have agreed that the lease is to be prolonged. If notice is not given in time, the lease continues at the same rent and on the same terms, except as to duration.

As to duration of the prolonged lease, the general rule is:

  1. if the lease is for one year or more, it is continued for one further year, and

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