A Practical Guide to Ending Commercial Leases in Scotland

Book excerpt: 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).