A Practical Guide to Ending Commercial Leases in Scotland

The termination of a commercial Lease is something that needs to be approached with great caution and attention-to-detail. A failure to take account of essential/current law and practice could result in a significant claim against the solicitor(s) involved in the transaction, and the consequences for the Landlord or Tenant will be significant. A Practical Guide to Terminating Commercial Leases in Scotland is designed to be a concise, yet definitive, guide for solicitors and students alike. It encompasses a summary of relevant statutes and case law throughout, and covers both voluntary termination and involuntary termination alike. The book covers: • Constitution of a Lease – the essential elements required by Scots Law in order to create a Lease; • Break Options – including a detailed analysis of essential cases on service, correct recipients, notice periods, conditionality, apportionment of rent, and errors of content; • Irritancy – including a detailed analysis of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, and leading cases thereto, on both monetary and non-monetary breaches; • Automatic termination (including separate chapters on both confusio and rei interitus); • Voluntary termination (Renunciation); and • Termination at Natural Expiry and the impact of tacit relocation (including statutory protection and a detailed analysis of the leading cases in this often complex and detailed area of law). ABOUT THE AUTHOR Amir M Ismail is an Associate with Holmes Mackillop Limited, solicitors, in Glasgow. Having graduated from the University of Strathclyde with an LLB (Honours) in 2005, he subsequently completed the Diploma in Legal Practice and then started his legal career as a trainee solicitor in August 2006 with HBM Sayers. Amir always knew he wanted to practice solely in Property Law at a very early stage and he has never worked in any other area of law, having completed his 2 year specialised traineeship in Commercial Property in August 2008. Amir joined Holmes Mackillop in February 2015 and, throughout his working life, he has undertaken a wide variety of commercial property work. He is experienced in all aspects of the sale, purchase and lending aspects of commercial property, including site acquisition, development, plot sales, investment properties, offices, shops and industrial units. Amir also undertakes a large volume of commercial leasing work, representing the interests of numerous Landlords and Tenants across the whole of Scotland, with a view to securing a commercially viable agreement in each case. Amir has tutored in both Residential Conveyancing and Commercial Conveyancing on the Diploma in Legal Practice course at Glasgow University since October 2014. He thoroughly enjoys working with students and clients alike, as well as fellow practitioners, and is also involved in the delivery of CPD to the legal profession for MBL Seminars Limited, CCPD Training Limited and the Law Society of Scotland. CONTENTS Chapter 1 – Creation of Lease Obligations Chapter 2 – Break Options Chapter 3 – Irritancy – Monetary Obligations Chapter 4 – Irritancy – Non-Monetary Obligations Chapter 5 – The Impact of Confusio Chapter 6 – Renunciation Chapter 7 – Rei Interitus Chapter 8 – Tacit Relocation and Statutory Renewal Chapter 9 – A Brief Analysis of Proposals for Reform