Gavin Deeprose

This Practice Note considers the methods of bringing a private sector residential tenancy to an end in Scotland both in respect of those entered into before and after 1 December 2017. Different methods apply in relation to social housing which are not covered within the scope of this Practice Note.

This Practice Note provides an overview of rent review clauses in commercial leases and their operation. It also provides an outline of the procedures used for settling rent review disputes by way of arbitration or expert determination.

This Practice Note considers the issues arising in commercial service charge disputes in Scotland. It does not consider disputes with factors or service charge in the residential context.

This Practice Note examines the distinction between assignation and subletting of leases in Scotland, landlord's consent, and the respective remedies open to a landlord and tenant in the event that the other party breaches its obligations under the lease with regards to assignation or subletting.

This Practice Note is the first of two Practice Notes summarising the law in relation to assessing eligibility to participate in a public procurement process under the Public Contracts Regulations 2015. It examines the mandatory grounds for exclusion as well as the discretionary grounds, including exclusion for past poor performance, as well as the provisions for avoiding exclusion via ‘self-cleaning’ measures.

This Practice Note is the second of two Practice Notes summarising the law in relation to assessing eligibility to participate in a public procurement process under the Public Contracts Regulations 2015. It examines selection criteria that may be adopted, the means of proof, how clarification may be sought for incomplete, erroneous and/or missing information and how the number of eligible bidders invited to tender may be limited. This Practice Note concludes with a checklist of the key considerations for assessing eligibility.

This Practice Note considers the law of irritancy in the context of commercial leases in Scotland. In particular, it considers the differences between legal and conventional irritancies, irritancy procedure, defences and the effect of irritancy on sub-leases and charge-holders.

This Practice Note considers break notices in the context of commercial leases in Scotland and in particular mandatory requirements, errors in expression, the identities of parties, service and the withdrawal of break notices. The Note does not cover break notices in agricultural leases.

This Practice Note considers property disputes in Scotland arising as a result of nuisance. It discusses invasion of interest in the use and enjoyment of private and public land and statutory nuisance created by the Environmental Protection Act 1990.

This Practice Note considers rent and how to recover rent arrears in commercial lettings in Scotland. It also considers the basic principles of non-domestic rates.

This Practice Note considers the main judicial and non-judicial remedies in the context of landlord and tenant disputes in Scotland, namely interdict, specific implement, payment action, damages action, recission, retention of rent, irritancy, hypothec and action for recovery of heritable property. The Note does not cover remedies in relation to agricultural leases.