Commercial Leases in Scotland - 2020 Conference
From break options to LBTT, this conference chaired by Ken Gerber with leading experts will keep you abreast of recent trends and developments when dealing with commercial property leases.
The conference will cover the following topics:
9.30am - 10.15am Drafting and Revising Issues in Leases
Ken Gerber, Partner, Mitchells Roberton
It is important to get the drafting right, and every bit as important to get the revisals right - there are many traps for the unwary when dealing with a new lease or amending an existing one.
This session will focus on:
- Definition of exclusive premises and common parts
- Rights and reservations
- Rent review assumptions and disregards, and inflation linking
- Service charge - ad hoc and bespoke regimes
- Uninsured risks
10.15am - 11.00am Tenancy of Shops (Scotland) Act 1949: Past, Present & Future
Greg Flett, Partner, Davidson Chalmers Stewart
This session will cover this rather quirky piece of legislation to include a brief summary of its history in Scotland and taking a look at the future for the Act now that it is the subject of review by the Scottish Law Commission.
11.00am - Break for Morning Refreshments
11.15am - 12.00 VAT & Property
Alan Davis, Head of Tax, MHA Henderson Loggie
The interaction of VAT with commercial property transactions generates risk and opportunity for advisors, so it is important to be clear on the key factors to consider when reviewing the VAT aspects of a property deal.
This session will cover:
- Basic legal position of property VAT exemption
- The implications of exemption for recovery of VAT on related costs
- Property supplies - sale/lease and ‘new’/old
- Changing exempt to taxable - the option to tax
- Transfer of going concerns
12.00 - 12.45pm Repairs and Dilapidations
Greig Adams, BSc (Hons) FRICS, Adams Building Consultancy
This session will cover accession in dilapidations and why this area is one of the most important to consider when approaching lease expiry in particular. Indeed, a poorly advised tenant in this subject area may needlessly become liable for quite substantial expenditure that they could have otherwise escaped with correct advice.
This session will cover:
- Accession of moveable items and fixtures
- Fixtures - rights and obligations during the lease and at expiry
- Fixtures - subsequent leases
- Alterations & reinstatement
2.00pm - 2.50pm Land, Buildings & Transaction Tax & Leases - The Latest News
Isobel D’Inverno, Director of Corporate Tax, Brodies LLP
There are a number of issues to consider in relation to three yearly lease review returns. This session will provide an update on the following:
- Three yearly returns - some challenging issues
- Assignations of LBTT, SDLT and stamp duty leases
- Substantial performance and development scenarios
2.50pm - 3.40pm Commercial Leases - Broken or Still Intact?
Amir Ismail, Associate, Holmes Mackillop
The service of a break notice has always been an area that is rife with litigation. The consequences of incorrect or defective service are nothing short of catastrophic and could result in a significant claim against the tenant’s solicitor amounting to rent payable for the rest of the duration of the lease plus utilities and other sums payable during the term.
This session will deliver a practical and succinct guide to successful service of a break notice and will cover:
- The party to serve the notice on - and what recent Scottish case law confirms is fatal to the notice
- Questions of content - what do you need to say and what should you avoid in the notice and what errors are fatal to the notice itself?
- What happens with advance rental accrued beyond the break date and how can you ensure this is repaid?
- Some of the leading cases on conditional break options, including those conditional on vacant possession, and developments on ‘deemed service’ - and how to strike a balance between reasonable conditions on the one hand and conditions that could unreasonably and disproportionately render the break notice ineffective on the other
3.40pm - Afternoon Refreshments
3.55pm - 4.45pm Licensing and Leases
Archie MacIver, Brunton Miller
This session will cover the latest on licensing points for owners, landlords and tenants.
4.45pm - Close: Chair's Closing Summary and Questions & Answers
Please let us know if you wish to be notified when new dates are added for this programme