knowledge
In this section of the Tenant Commercial Lease Zone, you will find guides and articles on some of the most important issues a business or organisation will face in being tenant of a commercial lease in Scotland. Separately, if you are new to commercial leases, you may find it helpful to read through our Quick Guides on different aspects of commercial leases.
alterations
tenants wanting to make alterations to commercial premises can take some practical steps in order to secure landlords’ consent
climate change regulations and commercial buildings
the Climate Change Act 2008 and the Climate Change (Scotland) Act 2009, have led to occupiers of commercial property facing a raft of new environmental regulations
differences between leases in England and Scotland
the leasing laws of England and Scotland are fundamentally different, meaning that businesses based in England will need separate Scottish solicitors to act for them
disputes with landlord or neighbour
Where landlords and tenants have a lease dispute, the tenants will need to work hard and plan carefully to get the result they want
ending a commercial lease
tenants can take some simple steps to limit costly repair bills or problems at the end of a commercial lease
energy performance certificates
EPCs have been introduced by the government as part of its commitment to increasing energy efficiency and tackling climate change
insurance of leased premises
businesses intending to enter into a commercial lease should take account of some major points concerning property insurance
irritancy
tenants who fail to pay rent on time face the landlords exercising the special power of irritancy to end the lease early
licensed premises
special considerations apply to a tenant wanting to enter into a lease of licensed premises
property taxes on commercial leases
businesses intending to enter into a commercial lease need to be aware of significant tax consequences of doing so
rates and revaluations
the rateable value of a property can be challenged by occupiers and owners if they feel it is incorrect by way of a rating appeal
rent negotiation
negotiating the correct level of rent at the start of a commercial lease is particularly important to businesses
rent review
whilst landlords always want rents to increase at rent reviews, tenants may now be able to negotiate rent reviews down
repairs
under commercial leases, landlords expect tenants to take on the lion’s share of repairs
service charge
tenants usually have to pay a service charge in leases of multi-occupancy buildings or in large industrial, office or retail estates
sub-lease
the pitfalls of being sub-tenant under a commercial sub-lease
tenant financial difficulty
what should businesses do if they find themselves in financial difficulty and unable to pay rent?
tenant permitted use
tenants need to take care when negotiating the permitted use of commercial lease premises
tenant personal liability
landlords of commercial leases usually expect sole traders and owners of SMEs (small and medium enterprises) to be personally responsible for the rent and other obligations
tenant transfers and sub-letting
most commercial leases contain significant restrictions on tenants’ ability to assign (transfer) or sub-lease