Commercial leases and property management in Scotland

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Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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19th May
Practice notes
An agreement for lease is required where the landlord and tenant cannot enter immediately into the lease itself, but need to know that the other party...
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19th May
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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19th May
Practice notes
A covenant is a form of contract. Under the doctrine of privity of contract the rights and liabilities created by a contract will bind the parties to...
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19th May
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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19th May
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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19th May
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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19th May
Precedents
[To be printed on Landlord’s letterheaded paper]Our Ref:Date:To: [insert name of Tenant]From: [insert name of previous Landlord] [of [insert address]...
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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
Practice notes
Compulsory first registrationThe buyer of an unregistered freehold or lease with more than seven years unexpired (ie a qualifying estate) has a...
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19th May
Practice notes
What is a lease surrender?A lease surrender is a mutual agreement between the landlord and the tenant that the lease will determine before the end of...
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19th May
Practice notes
An employee who lives in premises owned by their employer in order to perform their duties as an employee and who has exclusive possession of those...
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19th May
Practice notes
ARCHIVED: The third edition of the Royal Institution of Chartered Surveyors (RICS) Code of Practice ‘Service charges in commercial property’ (and all...
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19th May
Practice notes
A sub-sale is where A contracts to sell a property to B but, before completing the purchase from A, B then contracts to sell the property to C. There...
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19th May
Q&As
The Conveyancing Quality Scheme (CQS) is a scheme run by the Law Society which accredits members based upon a recognised quality standard in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor...
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19th May

Most recent Commercial leases and property management in Scotland content

Precedents
Style party designation and execution clauses—property—Scotland1Individual1.1Individual or sole trader party designation clause[insert full name of...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 27th Jul
Practice notes
Coronavirus (COVID-19)—property in ScotlandThis Practice Note introduces the key implications that property practitioners in Scotland should consider...
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20th Jul
Practice notes
Glossary of Scottish property words and expressionsThis is a glossary of common words and expressions used in Scottish property law with the nearest...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 14th Jul
Practice notes
Guide to the differences between commercial lease transactions in England and ScotlandThis Practice Note considers the different stages in lease...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 12th Jul
Q&As
Scotland—can a disposition which is being granted by two sellers who are co-owners be signed in counterpart each owner signing a separate counterpart?...
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6th Jun
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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6th Jun
Q&As
Scotland—will there be guidance from the Registers of Scotland about how the Register of Persons Holding a Controlled Interest in Land will work in...
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5th Jun
Practice notes
Repair clauses in commercial leases in ScotlandThis Practice Note considers the landlord’s obligation to repair under common law, how that is usually...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod 5th Jun
Practice notes
Back letters to commercial leases in ScotlandWhat are back letters?A back letter is a personal contractual arrangement between the granter and the...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 5th Jun
Practice notes
Insurance provisions in commercial leases—Scotland This Practice Note sets out the common law and discusses usual drafting provisions in commercial...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 5th Jun
Practice notes
Keep open clauses in Scotland—drafting and enforcementCoronavirus (COVID-19): Various local and national lockdown measures have required some...
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Produced in partnership with Jennifer Guy of Brodies LLP 5th Jun
Practice notes
Rent and rent review in commercial leases in ScotlandThis Practice Note sets out the law on rent and rent review provisions in commercial leases in...
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Produced in partnership with David William John Bell of Harper Macleod LLP 5th Jun
Practice notes
Alteration provisions in commercial leases in ScotlandCommon law on making alterationsAt common law, there is an implied obligation that a property...
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Produced in partnership with David William John Bell of Harper Macleod LLP 5th Jun
Practice notes
Service charge and outgoing provisions in commercial leases in ScotlandThis Practice Note considers service charge typically levied on tenants of a...
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Produced in partnership with Lorna Richardson of The University of Edinburgh 5th Jun
Practice notes
Tacit relocation in commercial leases in ScotlandIn Scotland, at common law, a lease does not actually end on the specified expiry date (ish)...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 5th Jun
Practice notes
Break options in commercial leases in ScotlandA lease for a term of years may contain an option for the parties or one of them to terminate the lease...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 5th Jun
Precedents
Landlord Notice to Quit to stop tacit relocation operating—ScotlandNOTICE FROM LANDLORD TO STOP TACIT RELOCATION OPERATINGOur Ref: [insert...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 5th Jun
Precedents
Tenant Notice to Quit to stop tacit relocation operating—ScotlandNOTICE FROM TENANT TO STOP TACIT RELOCATION OPERATINGOur Ref: [insert reference]Your...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 5th Jun
Q&As
Where a company or limited liability partnerships (LLP) is required to execute a document (self-proving) and the director of the company or member of...
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Produced in partnership with Hugh Olson of Arnot Manderson Advocates 5th Jun
Precedents
Non-PSG Style Lease—break conditional on performance of monetary obligations 1 Definition of Break Date Break...
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8th Jan

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