The termination of a commercial Lease is something that needs to be approached with great caution and attention-to-detail. A failure to take account of essential/current law and practice could result in a significant claim against the solicitor(s) involved in the transaction, and the consequences for the Landlord or Tenant will be significant. A Practical Guide to Terminating Commercial Leases in Scotland is designed to be a concise, yet definitive, guide for solicitors and students alike. It encompasses a summary of relevant statutes and case law throughout, and covers both voluntary termination and involuntary termination alike. The book covers: Constitution of a Lease - the essential elements required by Scots Law in order to create a Lease; Break Options - including a detailed analysis of essential cases on service, correct recipients, notice periods, conditionality, apportionment of rent, and errors of content; Irritancy - including a detailed analysis of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, and leading cases thereto, on both monetary and non-monetary breaches; Automatic termination (including separate chapters on both confusio and rei interitus); Voluntary termination (Renunciation); and Termination at Natural Expiry and the impact of tacit relocation (including statutory protection and a detailed analysis of the leading cases in this often complex and detailed area of law).

This straightforward, practical manual provides helpful advice to solicitors acting for either the landlord or the tenant, on the numerous problems which can arise and should be anticipated when drafting and settling commercial leases. A particularly useful feature of the book is the inclusion of styles of full-length leases and individual clauses, as well as a check-list of points to be included when reviewing leases on behalf of tenant-clients.

It might seem at first glance that termination of a commercial tenancy should usually be a very simple business. What makes it complicated is the Landlord and Tenant Act 1954, paradoxically an Act designed to protect tenants. While it does give tenants important and valuable rights, it is a highly technical piece of legislation, and offers different means of termination at different stages of the tenancy. When a tenant has decided to bring its lease to an end, it will often be a priority to do so as soon as possible, so as to limit the exposure to further rental payments. The complexity of the Act means that opportunities can be missed, unless the tenant's advisors are on top of the law and procedure. This book sets out the options available at all stages, from the first day of the tenancy through to the expiry date and beyond. ABOUT THE AUTHOR Mark practised in major commercial law firms for thirty years, specialising in property dispute resolution. He has acted for businesses large and small, including FTSE-listed property companies and household-name corporate occupiers, across the whole range of property-related issues. He is now a full-time commercial property management law trainer, putting his expertise and experience to good use in training both lawyers and surveyors. He delivers training both in-house and for providers including MBL Seminars, Professional Conferences, CPT Events and Solicitors Group. Mark is also the author of a number of books within his areas of expertise. CONTENTS Chapter One - Overview of Security of Tenure for Businesses Chapter Two - Termination by Tenant's Contractual Notice Chapter Three - Other Modes of Termination Outside the 1954 Act Chapter Four - General Guidance on Drafting and Service of Notices Chapter Five - Notice of Non-Continuance Under Section 27(1) Chapter Six - Notice to Terminate Under Section 27(2) Chapter Seven - Section 25, Section 26, and Competent Landlord Chapter Eight - Termination by Going Out of Occupation Chapter Nine - Termination After the Issue of Proceedings Practical Scenarios - The Right Answer for Different Situations TESTIMONIALS FOR OTHER BOOKS BY THIS AUTHOR "It's nice to have a text that just gets to the point and provides an answer!" - Mark Allison, Surveyor

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