Alistair Drummond

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 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 considers the second stage of enforcement of standard securities over heritable property in Scotland. It deals with the steps creditors may take following expiry of notices, namely voluntary surrender procedures and use of court proceedings, the sale process and distribution of the proceeds of sale. It also briefly considers alternative enforcement using insolvency procedures.

This Practice Note considers enforcement of standard securities over heritable property in Scotland. It deals with the legal framework applicable, what amounts to debtor default, what creditors' rights on default are, service of enforcement notices by creditors, the steps creditors may take following expiry of notices, namely voluntary surrender procedures and use of court proceedings, the sale process and distribution of the proceeds of sale. It also briefly considers alternative enforcement using insolvency procedures.

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 delictual property disputes in Scotland arising as a result of negligence or trespass, the test for negligence, duty of care and defences against claims founded in negligence.

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.