The idea of ‘unintended consequences’ is used to explain outcomes of an action that are not foreseen.
And that is the likely result of a proposed change in law relating to leases for shops in Scotland.
The Scottish Law Commission has asked for responses to a consultation on reforming a very old piece of regulation called the Tenancy of Shops (Scotland) Act 1949.
The Supreme Court has clarified that a collateral warranty in traditional form is not a construction contract under the Housing Grants (Construction and Regeneration) Act 1996 and, therefore, does not engage the payment or adjudication provisions of the Act.
Ending a commercial property lease in Scotland is not as simple as reading the text to see when the stated last date of the term is.
There are a few legal quirks you should be aware of to ensure that dealing with commercial leases goes smoothly and there are no nasty (and costly) surprises along the way.
To cause the lease to end, a Notice to Quit will need to be served on the other party to that lease.