Tenancy of Shops Act in Scotland
By Robin Mitchell
Unlike the position in England, in Scotland there is virtually no statutory protection for a commercial tenant at the expiry of their lease. Provided sufficient notice has been given by their landlord, the lease will come to an end on the expiry date and, unless a deal can be struck with the landlord, the tenant is required to leave the property on or prior to that date.
The one exception comes in the form of the Tenancy of Shops (Scotland) Act 1949, which was brought in to protect the livelihood of post-war small shopkeepers in the face of an increasing number of evictions from unscrupulous property investors.
It allows a shop tenant to apply to the court for a renewal of their lease for a period of up to one year following their receipt of a notice to quit from their landlord. The court can then provide for a renewal of the lease for a period up to one year, and at a rent and on other conditions as the sheriff considers reasonable…
If you are registered and logged in to the site, click on the link below to read the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
A $100m US settlement may be of only passing interest to the UK auto industry, but parallels can be drawn with increasing levels of regulation in Europe.
The importance of companies being able to freely advertise their fees or discounts has again been highlighted by the Competition and Markets Authority (CMA).
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…