This time last year, I predicted how the Aberdeen property market may fare in 2024 and the factors that might influence it. So, how did I do?

In fairness, except for anyone betting on a July general election, the events of 2024 surprised many, but not all surprises are pleasant. 

It is often not appreciated by commercial landlords and tenants that, despite the fact that their lease will invariably specify a date when the lease is due to come to an end, if neither party gives any indication to the other that the lease is actually to end (either by serving a notice to quit or notice of intention to quit, or some less formal but nonetheless clear indication of intention to terminate) then the lease will continue for usually a further year on the same terms and conditions.

During October/November 2024, the UK and Scottish governments held a consultation on proposals to reform the consenting process under the Electricity Act 1989 for electricity infrastructure in Scotland. The impetus behind the proposed reforms is to accelerate the transition to clean power and achieving net zero. 

Both the Scottish and the UK governments have produced regulations that are intended to improve the energy efficiency of existing buildings in the UK, and so reduce carbon emissions, helping towards our national emissions reduction targets. But the respective administrations have approached the issue in very different ways.

The High Court in England and Wales recently determined in the case of Dandara South East Ltd v Medway Preservation Ltd and another that an expert determination clause in a contract is separable from the contract itself. 

An expert determination clause can be used as an alternative to court proceedings. It is a means of alternative dispute resolution that allows parties to refer a dispute in respect of a particular matter to a suitably qualified expert to determine. 

Transactions involving large properties, such as hotels or office buildings, can trigger a requirement to improve the energy efficiency of the building. Notably, Scotland has to date followed a different path in relation to this area of regulation than England. 

In September, key players from Scotland’s housing market gathered in Edinburgh to discuss the future of the industry.

The annual Homes for Scotland conference at Dynamic Earth brought together the public and private sector – from builders to planners, funders to social housing associations – as well as the country’s senior politicians, including the deputy First Minster and leading figures from other main parties within Parliament.

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.