Kenneth S Gerber

This Practice Note considers what back letters are, when they can be used, whether they are binding on successor landlords and tenants, difficulties with committing the landlord beyond its period of ownership and potential impact on rent review.

This Practice Note considers break options in commercial leases in Scotland, who may exercise a break clause, conditionality affecting its exercise, rent payment due before the early termination date, effect on sub-leases and points to consider when drafting break clauses.

This Practice Note sets out the common law and discusses usual drafting provisions in commercial leases in Scotland dealing with landlord and tenant obligations in relation to insurance, insured and uninsured risk, reinstatement, rent abatement and termination where the property is damaged or destroyed.

This Practice Note focuses on the law relating to sub-leases in Scotland and sets out practical issues to be considered from the landlord’s, tenant’s and sub-tenant’s point of view when negotiating and drafting sub-leases.

This Practice Note considers what tacit relocation is in commercial leases in Scotland, the effect of tacit relocation, notice periods to stop tacit relocation operating, how notice is to be served and the position relating to shop tenancies.

This style is a landlord notice to stop tacit relocation operating in commercial leases in Scotland.

This Style provides a clause for use in a commercial lease in Scotland (based on the Property Standardisation Group Leases) where the landlord is to have a break option to terminate the lease early and a short form unconditional landlord break clause.

This Style provides long and short form clauses for use in a commercial lease in Scotland (including leases based on the Property Standardisation Group Leases) where both parties have a mutual break option to terminate the lease early.

This is a Precedent clause giving the tenant a conditional option to terminate a commercial lease early and is for use where a lease is not based on the Property Standardisation Group Leases.

This style is a tenant notice to stop tacit relocation operating in commercial leases in Scotland.

This is a precedent clause for inclusion in a commercial lease in Scotland where the landlord is to have an option to extend the lease.

This is a precedent clause for use in a commercial lease in Scotland where both landlord and tenant are to have the option to extend the lease at the end of the contractual term.

This Style clause is a clause to be used in a lease giving the tenant a conditional option to extend the contractual term of the lease in Scotland.