Property in Scotland

Property in Scotland guidance:

The Registers of Scotland The Registers of Scotland (ROS) is the Scottish Government Agency responsible for looking after a range of registers, most notably the register...

Practice Note

Historically almost all disputes relating to agricultural tenancy matters were referred to arbitration in the first instance. The thinking was that many issues relating...

Practice Note

Agricultural tenants’ right to buy An agricultural tenant’s right to buy was introduced by the Agricultural Holdings (Scotland) Act 2003. It is a ‘pre-emptive’ right...

Practice Note

Leasing of farmland is heavily controlled by the law. In Scotland, normal commercial leases are only affected to a moderate extent by statute, but in the case of leases...

Practice Note

The administration of the present EU agricultural subsidy schemes in Scotland is in disarray due to multiple and ongoing failures of the computer system run by the...

Practice Note

Produced in partnership with Mike Blair of Gillespie MacAndrew This Practice Note explains the improvements amnesty for certain types of improvements carried out in the...

Practice Note

There are important differences between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies. This Practice Note explains these differences...

Practice Note

Diversification at common law Diversification, ie the use of a holding for a non-agricultural purpose not sanctioned by the lease, would at common law be a breach of the...

Practice Note

Common law on making alterations At common law, there is an implied obligation that a property can only be used for the purpose for which it was let, in other words the...

Practice Note

How do the AEP Regs 2016 apply to commercial property in Scotland? This note explains how the Assessment of Energy Performance of Non-domestic Buildings (Scotland)...

Practice Note

What are back letters? A back letter is a personal contractual arrangement between the granter and the grantee, ie in the context of a commercial lease, between the...

Practice Note

A lease for a term of years may contain an option for the parties or one of them to terminate the lease before the expiration of the term. This is known as a break option...

Practice Note

Types of tenancy The main private sector residential tenancies in Scotland are assured and short assured tenancies. The main difference between the two tenancies is that...

Practice Note

The Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) provides for certain maintenance provisions to be included in every tenancy under it (1991 Act Tenancies), and...

Practice Note

This Practice Note examines the issues surrounding alterations and improvements to property in Scotland subject to a commercial lease. The Practice Note does not apply to...

Practice Note

This Practice Note considers repair obligations in commercial leases in Scotland, including interpretation of repair obligations, extraordinary repairs, interim...

Practice Note