Leases

The case of EE Ltd and H3G Ltd v Duncan and others came before the Lands Tribunal for Scotland in the summer to be heard as a conjoined application. The case considered how the Electronic Communications Code contained within the Digital Economy Act 2017 applied to leases running by tacit relocation

More Scottish companies are expected to follow the example of BrewDog by selling and leasing back their premises, as they explore alternative ways of raising capital and strengthening their balance sheets, according to analysis from Knight Frank. The commercial property consultancy found that £

Major retail property owner Legal & General has changed its leasing model from one of long-term leases to flexible terms that see rent linked to store performance. The financial services group is implementing the model across its £4.5 billion UK portfolio.

Blanket bans on renting properties to people on housing benefit are unlawful and discriminatory, a judge in England has ruled. The case, heard at York County Court, involved a single mother who inquired about renting a two-bedroom property in the city, but was told her application would not be consi

A petition has been launched calling on the Scottish government to formally adopt the Fair Rents (Scotland) Members Bill after the proposed legislation was dropped by the Scottish Parliament’s local government committee. Scottish Labour housing spokesperson Pauline McNeill worked closely with

A "harsh blow" has been dealt to the student accommodation sector with almost £100 million in rent waived, lawyers have said. Student housing specialists at CMS have also said that while the Coronavirus (Scotland) (No.2) Act 2020 will help students, it may also work against the provision of ac

A bill to control rent levels has been introduced at Holyrood. The Fair Rents (Scotland) Bill adds to the law on private rented housing in the Private Housing (Tenancies) (Scotland) Act 2016 and aims to improve the way rents are set in private rented housing as a means of reducing poverty and suppor

The recent decision of the Inner House in Proven Properties (Scotland) Limited, reported in Scottish Legal News on 14 May, raises questions about the effectiveness, or at least the scope, of the Property Factors (Scotland) Act 2011, writes Tom Marshall. Briefly, the case concerned a block of 15 flat

Notice periods for student accommodation are to be introduced as part of new emergency coronavirus legislation to be lodged at the Scottish Parliament this week.

A bill to limit private sector rent rises and to increase the availability of information available to tenants has been lodged by Scottish Labour’s housing spokesperson Pauline McNeill MSP. The Fair Rents Bill, dubbed the Mary Barbour Bill after the legendary rent strike organiser, was written

The Coronavirus (Scotland) Act 2020 came into force on 6 April 2020. In relation to commercial leases, the act gives tenants under commercial leases in Scotland additional protection from irritancy (i.e. forfeiture or termination). This protection is similar (although not identical) to the protectio

We have all heard the phrase “no good deed goes unpunished” and it seems very appropriate in the rental market at this extremely difficult time, writes Stephanie Zak. Landlords must, of course, seek to help tenants who are struggling to pay – by offering rent holidays or other conc

Janet McIntyre and Gary Thomas summarise the details of emergency legislation introduced in Scotland to prevent the eviction of commercial tenants who are unable to pay their rent because of the COVID-19 outbreak. Irritancy is a remedy for landlords to terminate a lease early when tenants are in bre

Stephen Webster considers the issues surrounding the reform of commercial leases. This year, following an extensive stakeholder consultation exercise, the Scottish Law Commission (SLC) is expected to make important recommendations for the reform of six areas of Scots law relating to the termination

Scottish landlords are now facing a ten-month legal delay to evict tenants who refuse to pay rent, new research has revealed. Official figures uncovered by Aberdein Considine show that the average eviction now takes over 300 days following a legal shake-up by the Scottish government.