Commercial Lease Lawyers East Lothian
Our Commercial Property Team is skilled at dealing with both contentious and non-contentious aspects of landlord and tenant law, and they remain up to date with the latest legal developments. If you plan to lease a property for business, we can provide you with clear, concise advice in what is a dense and complex area of law. Do contact us to find out more about our Commercial Leasing services.
We can offer straightforward legal advice and practical solutions on matters including:
Assignments and subletting
Our lawyers can help you draft clear assignment and subletting terms in commercial leases to ensure both parties interests are protected and disputes are avoided. However, if a disagreement does arise, we can represent your position in negotiations, dispute resolution or court proceedings.
Landlords should act reasonably when considering whether to give consent to a tenant’s request, such as approving an assignee or a change of use of the premises. Reasonableness is not assumed, so it is sensible to make this explicit in the lease.
The lease governs the ongoing relationship between the landlord and tenant, and so many aspects must be carefully considered. Our Commercial Property lawyers will ensure that you are aware of all your rights and obligations, and that the lease is negotiated in your best interests.
Generally, there is no automatic legal right to renew a commercial lease in Scotland, meaning if either party provides notice to quit, it will end when the contracted term expires. If no such notice is given, the lease will continue for another year and so on. It is important to be aware of this and whether a more appropriate renewal provision should be drafted.
Recovery of possession
Most leases should include a provision to say that the landlord cannot recover possession of the property before the contract has expired. There will be some exceptions to this, for example, where a tenant is in arrears, and in these situations, our lawyers can provide quick, practical advice to landlords and tenants.
Rent reviews/rent arrears
Commercial leases will contain rent review provisions – including when they will take place and how they will be conducted – and what can happen if a tenant falls into rent arrears. We can support you when negotiating and drafting these important clauses and advise you if you are dealing with a rent review or rent arrears dispute.
Schedules of dilapidations
A Schedule of Dilapidations is a list of items that need repair on the premises, which is created by the landlord. The Schedule must be carefully examined to ensure that responsibility for the repairs is appropriately assigned to each party.