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.

How to end a commercial lease in Scotland at the end of the term?

To cause the lease to end, a Notice to Quit will need to be served on the other party to that lease. 

As we approach the midpoint of 2024, the first half of the year has seen a blend of stability and growth, with Edinburgh, Glasgow and their surrounding areas remaining a focal point for property dynamics.

Servitudes are often an essential part of property ownership: they can enable access to a property that is not located next to a public road, or allow for leading of services to or drainage from a property over someone else's land. Getting the wording of the servitude right is important for making sure that the right can be exercised in the way it was intended.

There won’t be many people whose lasting memory of Dizzy’s Bar & Diner in Aberdeen is the Sheriff Appeal Court’s commentary and interpretation of a reinstatement provision in a commercial lease, but a recent case, Reliance (AB) Ltd v Quantum Claims Compensation Specialist Ltd [2024] SAC (Civ) 9 could change all that. 

Reliance leased the premises that once traded as Dizzy’s Bar & Diner, from the landlord Quantum Claims Compensation Specialist Ltd. Sadly, the premises were destroyed in a fire in December 2019.