Expiry of commercial leases: Should I stay or should I go?

Morton Fraser LLP | December 2022/January 2023 #403
In the third in the series of articles highlighting the differences and similarities between the laws of Scotland and England and Wales relating to real estate, Michael Ramsay and Sally Anthony look at differences in landlord and tenant law One of the areas where there is a significant difference between the jurisdictions in commercial leasing …

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Commercial leases: Security for rent

Mark Shelton Training | December 2021 #393
In an uncertain market, security of performance when it comes to tenants’ obligations continues to be important. Mark Shelton investigates the various options The main drawback with rent deposits is that a tenant may not be able to put up the required funds. Even if it can, many tenants will not want to lock up …

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Break clauses: A legal quagmire

HCR Hewitsons | June 2021 #388
Susanne Hinde and Ayesha Khan consider a case which reiterates the importance of clear wording when drafting break clauses Scullindale argued that the words ‘at any time’ in the break clause imposed an obligation on the council to serve a break notice ‘at any reasonable time’. It argued that the council had failed to serve …

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