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.

Briefings from Shoosmiths

  • Litigation: a marathon or a sprint?

    Shoosmiths’ Kath Livingston, who joined 36,000 others pounding the streets in the London Marathon on Sunday, ponders whether litigation is a marathon or a sprint.

  • Contracted-out tenants: Erimus revisited

    The Court of Appeal has found in favour of a business tenant and decided that a periodic tenancy had not been created in the intervening period.

View more briefings from Shoosmiths

Analysis from The Lawyer

  • Hester: declined bonus worth almost £1m

    Pay checks

    Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future

  • high street 150

    Focus: Alternative business structures - Law and new order

    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…

Overview

2 Colmore Square
38 Colmore Circus Queensway
Birmingham
B4 6BJ
UK
http://www.shoosmiths.co.uk

Turnover (£m): 87.00
No. of Lawyers: 373