What Is the Ish in a Scottish Commercial Lease?

The ish is the date a Scottish lease ends. It is the Scots law term for the ish date, or expiry date, of the fixed term of the lease, as opposed to the date of entry when the tenancy begins. In a commercial lease the ish matters because, unless the landlord or tenant serves a valid notice to quit in time, the lease does not simply end on that date but continues by tacit relocation.

The word comes from the old Scots for “exit” or “issue”. This guide explains how the ish works in a commercial lease in Scotland, the notice periods you need to know, what happens if no notice is given, and how the position differs for residential tenancies.

Why the ish matters to landlord and tenant

Scots law requires four essential elements for a lease: the parties, the property, the rent and the duration. The duration is fixed by the date of entry and the ish. Without an ish, there is no valid lease, and the occupier may be a licensee or have no protected right at all. For a lease to give the tenant a real right that binds a buyer of the property under the Leases Act 1449, it must have a definite ish.

The ish is also the date by which other obligations fall due. For commercial property, the tenant’s repairing and reinstatement obligations are usually measured at the ish, the landlord’s dilapidations claim is assessed then, and the rent review pattern often counts back from it. If you are negotiating terms, our guide to key commercial lease terms in Scotland explains how the ish fits with the rest of the lease.

How to find the ish date

The ish is normally stated in the lease or in a schedule, for example “the date of entry is 28 May 2021 and the ish is 27 May 2031”. Some leases describe the term instead, such as “ten years from and after the date of entry”, and you then need to work out the ish from that. Older leases often use the Scottish term days of Whitsunday and Martinmas. Under the Term and Quarter Days (Scotland) Act 1990, these are 28 May and 28 November.

Read the wording carefully. Small differences, such as whether the term runs “until” or “to and including” a date, can change the last day for serving notice. Getting the ish wrong is one of the most common reasons a notice to quit fails.

Ending a commercial lease at the ish: notice to quit

A commercial lease in Scotland does not automatically end at the ish. Either party who wants it to end must serve a notice to quit that is valid, and different notice periods apply depending on the lease. The main rules are:

Many commercial leases require a longer notice period, such as three or six months, and specify how notice must be served, for example by recorded delivery to a named address. The landlord must give notice to the tenant, and the tenant must give notice to the landlord. The notice must clearly identify the lease, the property and the ish, and must be served on the right person. If the landlord has changed, the notice must go to the current landlord. Failure to comply with these requirements is a common reason commercial landlords and tenants lose the right to end the lease.

If the tenant does not leave after a valid notice, the landlord can raise removing proceedings in the sheriff court and obtain a court order. Rent arrears are dealt with separately, through irritancy or a claim for payment.

What happens if no notice is served: tacit relocation

If neither party serves a valid notice to quit, the lease continues after the ish by tacit relocation. For a lease of a year or more, it continues for a further year on the same terms. For a shorter lease, it continues for the same period as the original lease. This keeps happening each year until one party serves proper notice before the new ish.

Tacit relocation catches tenants as often as landlords. A tenant who moves out at the ish without serving notice may still be liable for another full year of rent. A landlord who forgets to serve notice cannot recover the property for redevelopment or reletting until the next ish.

The Scottish Government introduced a Bill to reform these rules for commercial leases, but it was withdrawn in September 2025, so the common law position still applies. Parties can contract out of tacit relocation in the lease itself, although whether that is effective depends on clear drafting.

Break options, irritancy and other ways a lease ends early

The ish is the contractual end date, but a lease can end before it:

• Break option: a right for the landlord or tenant to end the lease on a specified break date. Conditions, such as paying all rent up to date, must be strictly met.
• Irritancy: the landlord’s right to terminate early for the tenant’s breach, such as unpaid rent. Statutory warning notices apply.
• Renunciation: both parties agree to end the lease early, usually in a written minute of renunciation.
• Assignation: the lease does not end, but the tenant transfers it to someone else with the landlord’s consent.

Does a commercial tenant have a right to stay after the ish?

Generally, no. Unlike England and Wales, Scotland has no statutory security of tenure for commercial tenants. The only significant exception is the Tenancy of Shops (Scotland) Act 1949, which allows a shop tenant who receives a notice to quit to apply to the sheriff court for a renewal of up to one year at a time. Tenants who want to stay beyond the ish should negotiate a lease extension well in advance. Our commercial lease extension solicitors can help.

Is there an ish in a residential tenancy in Scotland?

The answer depends on the type of tenancy. Since 1 December 2017, most new private residential tenancies in Scotland have been created under the Private Housing (Tenancies) (Scotland) Act 2016. A private residential tenancy is open ended and has no ish. The tenant can end it by giving at least 28 days’ notice, and the landlord can only end it by serving a notice to leave on one of the statutory eviction grounds, with an eviction order from the First-tier Tribunal for Scotland if the tenant does not leave.

An older short assured tenancy or assured tenancy under the Housing (Scotland) Act 1988 does have an ish, and tacit relocation can apply to it. To end a short assured tenancy at the ish, the landlord needs both a notice to quit and a section 33 notice. When ending a tenancy of this kind, the tenancy agreement and the type of tenancy determine the rights and obligations of each side. Social tenancies are Scottish secure tenancies with their own rules. This guide focuses on commercial premises, where the common law rules on the ish and notice to quit still apply in full.

Practical checklist for landlords and tenants

1. Find the ish in the lease and check how it is defined.
2. Check the notice period and service requirements in the lease.
3. Diarise the last date for serving notice, with a margin for error.
4. Serve notice on the correct party at the correct address, by a method you can prove.
5. Plan dilapidations, reinstatement and handover of keys before the ish.
6. If you want to stay, start negotiating an extension or a new lease early.

We act for tenants and landlords on notices, extensions and lease endings across Scotland.

Frequently asked questions

Related services and guides

• ServiceCommercial lease extensions
• ServiceLeases for tenants
• ServiceLeases for landlords
• GuideKey commercial lease terms in Scotland
• GuideRegistering a commercial lease in Scotland
• GuideMinute of variation of a lease

About the author

Scott Stevenson, Associate Director, Complete Clarity Solicitors

Scott Stevenson is an Associate Director at Complete Clarity Solicitors in Glasgow, the firm behind Business Lawyer Scotland. He studied at the University of Strathclyde and helps business owners and commercial clients work through practical legal problems. Colleagues value his calm, logical approach under pressure. Before law, Scott played football professionally from the age of 17, and he is now also a FIFA licensed football agent.

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This guide reflects Scots law as at November 2026. It is general information, not legal advice for your circumstances.