Commercial Leases in Scotland: A Practitioner's Guide

The commercial property market is still trying to come to terms with the continuing decline in the high street and older industrial and office stock lagging behind shiny new office developments and industrial and business parks; with leases becoming ever more evenly balanced, and there are ever more incentives for tenants. It is essential that clients, whether landlord or tenant, are provided with the very best service, and that practitioners are up to date with the law and practice in commercial leasing. The 5th Edition of Ken Gerber’s text fulfils this role.

This is anything but a dusty, unwieldy textbook, and is instead a tool that provides the answers to all queries you may have relating to commercial leases. The text has been expanded and restructured considerably since the 2009 1st Edition which comprised 21 chapters and is now a full work of 41 chapters and is up to date with relevant changes in the law and relevant case reports. It is now publishing as part of the Greens Practice Library series. Our expert author provides a detailed treatment of all aspects of commercial leases including the common law default provisions, negotiating and revising leases, a comprehensive treatment of repairs, insurance and uninsured risks. This book is a complete source of information and expert advice. To enhance ease of use, the book contains tables of statutes, cases and a glossary of Scottish commercial leasing terms.

The book includes chapters on negotiating and revising leases, serving notices, options in leases, using the PSG leases and offer to lease, common law and statutory provisions, leases of specialised property, and the proposed reform of law on tacit relocation.

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• 1. Doing the Transaction: Commercial and Practical Points
• 2. Leases and Licences
• 3. Common Law and Implied Terms
• 4. Statutory Provisions
• 5. Conversion of Ultra Long Leases to Ownership: the Long Leases (Scotland) Act 2012
• 6. Missives of Lease
• 7. Premises, Rights and Reservations
• 8. Use Clause and Keep-open Obligations
• 9. Rent and Other Payments
• 10. Rent Review—Procedure
• 11. Rent Review—Valuation
• 12. Insurance
• 13. Repairs
• 14. Dilapidations
• 15. Assignation, Sub-Letting and Other Dealings in the Tenant’s Interest
• 16. Tenant’s Works and Alterations
• 17. Irritancy
• 18. Options and Other Termination of Leases
• 19. Tacit Relocation and Renewal of Leases – Proposed Reform of the Law
• 20. Guarantees
• 21. Notices
• 22. Personal and Continuing Lease Obligations “Inter Naturalia”
• 23. Land and Buildings Transaction Tax, Stamp Duty Land Tax, and Value Added Tax
• 24. Performance Deposits
• 25. Extensions and Variation of Leases
• 26. Enforcement of Commercial Leases in Scotland

Additional materials

• Short missive of lease
• Single occupancy lease draft
• Single occupancy lease - revised by tenant
• Single occupancy lease - counter- revised by landlord
• Multi occupancy lease draft
• Multi occupancy lease - revised by tenant
• Multi occupancy lease - counter-revised by landlord
• PSG Guarantee - suggested revisals by guarantor
• PSG Guarantee - counter-revised by landlord

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