Commercial Leases in Scotland: A Practitioner's Guide

Subjects:

Scots Law

Contents:

Leases and Licences

Common Law, Implied Terms, and Statutory Provisions

Missives of Lease, back letters and schedules of condition

Stamp Duty Land Tax and VAT

Premises, rights and reservations in single and multi-occupancy leases

Use clause and keep-open clause

Rent and other sums payable by tenants

Rent Review

Insurance and reinstatement of insured damage

Repairs

Dilapidations during and at termination of lease

Assignation, sub-letting and other dealings in tenants interest

Alterations and Tenants Works

Irritancy (forfeiture) and irritancy protection agreements

Other termination of leases

Tacit relocation

Guarantees

Rent Deposits

Extensions and variation of leases

Enforcement

Service Charges in Multi-occupancy Leases

Short Form Missive of Lease

Green Leases

This new title deals with all the main aspects of Scottish commercial lease law and importantly will include a brief comparison with English lease law on a topic by topic basis. Commercial Leases in Scotland contains a comprehensive treatment of the principles of common law in relation to commercial leases.

Key areas such as rent review, repairing and insuring, and alienation are explained as are less common subjects such as green leases. A commentary of relevant case law is included within the text providing essential insight into real life examples.

The accompanying CD contains:-

• An example of an offer to grant a lease where a draft lease is to be annexed
• A short form missive of lease comprising an offer to lease that has all the terms of the lease contained within it
• A single occupancy lease
• A multi occupancy lease

Selected examples have suggested revisals by a tenant shown in 'tracked changes' and, as seperate documents, the same leases counter-revised by the landlord. This is the only fully up-to-date treatment of commercial leases written specifically fo the Scottish market and will be an essential tool for all those working in this area.