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Practice notes
A review of Standard Commercial Property Conditions (Third Edition) and practical tipsThe Third EditionThe third edition of the Standard Commercial...
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19th May
Practice notes
Overriding interests are interests which are binding on property even though they are not shown on the register. They bind both the registered...
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19th May
Practice notes
What is a headline rent?In a falling market, landlords frequently offer tenants financial inducements to take a lease in order to maintain the level...
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19th May
Practice notes
The rule against derogation from grant applies in addition to any obligation of quiet enjoyment. It is not excluded by an express covenant for quiet...
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19th May
Q&As
A deed (such as a TR1) is valid and binding if the essential ingredients of execution as a deed, attestation and delivery as a deed are all present:...
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19th May
Practice notes
A starter tenancy is an assured shorthold tenancy granted by a registered provider of social housing (RP) and is similar to a local authority...
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19th May
Practice notes
Ownership, leasing or any other permitted use of land normally requires access to it to obtain the benefit of the land. The public are allowed to use...
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Produced in partnership with Stuart King of Blackadders and Melanie Ballantyne of Blackadders 19th May
Practice notes
Generally, the tenant remains liable for the rent even though the premises have become unusable. Consequently, leases normally contain a provision...
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19th May
Precedents
Date [date]Parties1[name of (first) Seller] [and [name of second Seller] both] [of OR incorporated in England and Wales (with company registration...
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19th May
Practice notes
No suspension impliedA suspension of rent is not implied even where the tenant pays the cost of insurance. The tenant remains liable for the rent even...
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19th May
Practice notes
Is the agreement a grazing licence or farm business tenancy?What is a grazing licence?A grazing licence is an agreement under which a landowner allows...
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19th May
Practice notes
Defects in design, faulty installation or the use of inappropriate or inadequate materials when building a property can lead to significant problems...
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19th May
Precedents
EXPLANATORY NOTE: IN THIS PRECEDENT, INSERT THE NAME OF THE GUARANTOR WHERE PROMPTED TO DO SO. OTHERWISE, TO KEEP THIS DECLARATION IN LINE WITH THE...
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19th May
Q&As
The Law of Property (Miscellaneous Provisions) Act 1994 (LP(MP)A 1994) sets out a number of covenants to be implied on a disposition of property,...
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Produced in partnership with Carl Fain of Tanfield Chambers 19th May
Practice notes
See Practice Note: Modification and discharge of restrictive covenants—the statutory route in relation to the statutory route.Express releaseA...
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19th May

Most recent Property in Scotland content

Practice notes
Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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22nd Sep
Practice notes
Virtual execution under Scots lawIP COMPLETION DAY: The Brexit transition period ended at 11pm on 31 December 2020. At this time (referred to in UK...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 17th Sep
Practice notes
Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Enforcement in Scottish civil litigationThis Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
Practice notes
Jurisdiction in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering which courts have...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 13th Sep
Practice notes
The Lands Tribunal For Scotland (LTS)—Procedure and applications to vary or discharge title conditionsCoronavirus (COVID-19): During the current...
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Produced in partnership with Andrew Todd of Springfield Properties plc 13th Sep
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
Practice notes
Floating charges—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The...
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9th Sep
Practice notes
First Tier Tribunal for Scotland (housing and property chamber)Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 7th Sep
Practice notes
Licences to occupy commercial premises in ScotlandDifferences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a...
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Produced in partnership with Mark Davenport of DLA Piper 7th Sep
Practice notes
Execution of documents under Scots lawSTOP PRESS: Registers of Scotland are operating a digital submissions service, details of which are available...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 3rd Sep
Practice notes
Scotland: Land and buildings transaction tax (LBTT)—chargeable consideration and rates of LBTTHow is LBTT calculated?The amount of land and buildings...
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Produced in partnership with Ronnie Brown of Burness Paull 30th Aug
Practice notes
Scotland: Land and buildings transaction tax (LBTT)—particular transactions and taxpayersFORTHCOMING CHANGE relating to PAIFs and CoACS: The Scottish...
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Produced in partnership with Ronnie Brown of Burness Paull 30th Aug
Q&As
If, on the assignment of a lease for a premium, the rent under the assigned lease exceeds £1,000 a year, is the nil rate band waived in respect of the...
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27th Aug
Practice notes
Remedies in landlord and tenant disputes—ScotlandThe main remedies available in the context of landlord and tenant disputes in Scotland...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 23rd Aug
Practice notes
Interdict and interim interdict in Scottish civil litigationThis Practice Note considers the position on interdict and interim interdict in Scotland....
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Produced in partnership with Jim Cormack of Pinsent Masons 19th Aug
Practice notes
Pre-action requirements in Scottish civil litigationThis Practice Note considers pre-action conduct in general civil disputes in Scotland. For...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Aug
Practice notes
Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 18th Aug

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