Commercial leases and property management in Scotland

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Practice notes
What is an authorised guarantee agreement (AGA)?Under an authorised guarantee agreement (AGA), an outgoing tenant guarantees some or all of the...
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9th Nov
Practice notes
What is a Quistclose trust?A Quistclose trust is an example of an ‘automatic’ resulting trust, ie a trust which arises where property is transferred...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
Wrongful interference with an easement is a private nuisance. The existence of the easement must be established for a claim to succeed.Not every...
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9th Nov
Practice notes
Sale by a mortgagee destroys the equity of redemption in the mortgaged property. The sale defeats the rights of all subsequent incumbrancers, whose...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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9th Nov
Precedents
Rent Review MemorandumLandlord•[insert full name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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9th Nov
Practice notes
Contracts are often drafted on the basis that a condition or conditions must be satisfied before completion takes place (a condition precedent)....
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9th Nov
Practice notes
A good marketable title is shown where a seller is able to deduce a good title to the property he has contracted to sell. The seller is not required...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov

Most recent Commercial leases and property management in Scotland content

Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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14th Apr
Practice notes
This is a glossary of common words and expressions used in Scottish property law with the nearest England and Wales equivalent (where relevant) and...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 8th Apr
Practice notes
This Practice Note introduces the key implications that property practitioners in Scotland should consider in relation to the coronavirus pandemic,...
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19th Mar
Practice notes
Common law on making alterationsAt common law, there is an implied obligation that a property can only be used for the purpose for which it was let,...
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Produced in partnership with David William John Bell of Harper Macleod LLP 9th Mar
Practice notes
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...
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Produced in partnership with Ken Gerber 9th Mar
Practice notes
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...
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Produced in partnership with David William John Bell of Harper Macleod LLP 9th Mar
Practice notes
This Practice Note considers the different stages in lease negotiations for commercial property in England and Wales compared to those in Scotland, at...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 9th Mar
Practice notes
This Practice Note sets out the common law and discusses usual drafting provisions in commercial leases in Scotland dealing with landlord and tenant...
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Produced in partnership with Ken Gerber of Mitchells Roberton 9th Mar
Practice notes
This Practice Note considers service charge typically levied on tenants of a multi-occupancy building by commercial landlords in Scotland. It does not...
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Produced in partnership with Lorna Richardson of The University of Edinburgh 9th Mar
Practice notes
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...
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Produced in partnership with Ken Gerber 9th Mar
Practice notes
This Practice Note considers the landlord’s obligation to repair under common law, how that is usually modified in repairing clauses found in full...
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Produced in partnership with Lorna Richardson of The University of Edinburgh, David William John Bell of Harper Macleod 9th Mar
Practice notes
In Scotland, at common law, a lease does not actually end on the specified expiry date (ish) unless:•either party gives correct and timeous...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 9th Mar
Precedents
1Individual1.1Individual or sole trader party designation clause[insert full name of party] of [trading as [insert trading name]] of [insert address]...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 12th Feb
Q&As
The Land Reform (Scotland) Act 2016 (Commencement No 11) Regulations 2020, SSI 2020/383 bring sections 39 and 128 of the Land Reform (Scotland) Act...
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9th Feb
Q&As
The Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015) provides for the execution of documents in counterpart in...
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8th Feb
Q&As
The answer is that only one witness signature is required.This follows from Schedule 2 to the Requirements of Writing (Scotland) Act 1995 (RW(S)A...
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Produced in partnership with Hugh Olson of Arnot Manderson Advocates 22nd Jan
Precedents
NOTICE FROM LANDLORD TO STOP TACIT RELOCATION OPERATINGOur Ref: [insert reference]Your Ref: [insert reference]Date: [insert date]To: [Insert name of...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 8th Jan
Precedents
NOTICE FROM TENANT TO STOP TACIT RELOCATION OPERATINGOur Ref: [insert reference]Your Ref: [insert reference]Date: [insert date]To: [Insert name of...
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Produced in partnership with Kenneth S Gerber of Mitchells Roberton 8th Jan
Precedents
Non-PSG Style Lease—break conditional on performance of monetary obligations 1 Definition of Break Date Break...
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8th Jan
Precedents
PSG Style Leases-conditional Landlord break 1 Definition of Break Date Break Date means [any date falling...
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8th Jan

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