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legal

leasing advice

We can act for clients as Landlord and Tenants, who wish to take on commercial premises. We will guide you through the full process. There are 12 important reasons why a tenant and a landlord require to have legal advice prior to entering into a lease.

expert
leasing & commercial
lawyers in Scotland

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.

contact the legal team

our twelve reasons
to get legal advice before entering a lease

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:

  • Parties
  • The subjects
  • Rent
  • Duration

8. There are obligations on the tenant. These are:

  • to enter into possession and to occupy
  • to use in accordance with the user clause in the lease
  • to take care of and maintain the property
  • to pay the rent

9. There are rights for the tenant. These include:

  • to enjoy peaceable possession
  • to be given the subjects fit for occupation
  • to have repairs carried out by the landlord

10. The remedies for breach of any of the provisions of the lease, contract or common law, can involve:

  • Damages
  • Lien
  • Irritancy
  • Hypothec
  • Summary diligence

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

our
leasing
experts

w (4)-min

Martha Clark

Partner

t (6)-min

Liza Lynch

Accredited Paralegal