Our commercial lawyers are experienced in dealing with a range of commercial leasing, from negotiation, granting, renewal, acquisition, disposal and assignation. We tailor our advice to meet each individual client’s needs and objectives and ensure that their rights are protected and that they are aware of each party’s obligations under the lease. We will make sure you have a full understanding of what you are committed to under the lease prior to signing any documentation. We offer practical solutions and will work in your interests to efficiently and effectively resolve any problems along the way.
1. It is necessary to establish ownership to ensure that the lease is granted by the correct landlord as owner.
2. It is essential to ascertain that there are no outstanding heritable creditors and, if there are, they require to consent to the granting of a lease.
3. It is essential to examine the title conditions to ensure that there are no restrictions on the use of the property contained in the title deeds.
4. A lease is a contract and as such the law of Scotland applies to these contractual terms. If either a landlord or a tenant has no representation, the contract terms may not be fully appreciated by either party.
5. Common law provisions also apply to leases along with statute and a knowledge of common law is essential – particularly for repair and insurance which have substantial commercial implications.
6. A lease must be in a form which is self-proving (probative) and must therefore be properly executed.
7. There are four elements of a lease, without which the lease does not exist. These include:
8. There are obligations on the tenant. These are:
9. There are rights for the tenant. These include:
10. The remedies for breach of any of the provisions of the lease, contract or common law, can involve:
11. Renewal understanding tacit relocation and understanding the effect and timing of a notice to quit
12. Rent review provisions, rights of termination and break clauses
If you have a query or wish for some advice please make an enquiry or contact one of our offices directly and a member of our team will be happy to assist.