Termination of Leases in Scotland - The Current Law & Potential Reforms

Introduction

Termination of leases may, on the face of it, appear to be a simple exercise but often they are more complex than they may appear. There is also inherent risk in the process.

The law in Scotland continues to evolve and there have been a number of new decisions within the last 12 months that will be reviewed in this virtual classroom seminar, to give an updated overview of the current legal position.

In addition, the future of the law of notices will be considered. This is in light of the Scottish Law Commission’s Report on Aspect of Leases: Termination (Scot Law Com No. 260), published on 5 October 2022, which also includes a proposed draft Leases (Scotland) Bill to reform or make new provision in relation to:

• Tacit relocation
• Issuing of pre-irritancy notices
• Requirements for issuing of ‘termination notices’
• Ancillary changes around the termination of leases

This session will consider what practical changes may need to be made to standard lease documents to accommodate the proposed changes (if the draft Bill is passed by Parliament).

What You Will Learn

This live and interactive session will cover the following:

• The latest developments on the law relating to tacit relocation
• The latest developments on the valid exercise of termination options in leases
• The key conclusions from the Scottish Law Commission’s Report on Aspects of Leases: Termination

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.