Commercial landlord and tenant dispute solicitors in Scotland

Commercial lease disputes and landlord and tenant disputes we resolve

Commercial leases in Scotland are long, detailed documents, and disagreements about the lease terms are common. Our team of commercial property solicitors and litigation lawyers handles landlord and tenant disputes for all types of commercial properties and premises, including shops, offices, industrial units, pubs and restaurants. Each property dispute is different, but we regularly advise tenants and landlords on disputes involving:

• Rent arrears and non-payment of rent
• Irritancy and termination of the lease
• Dilapidations and repairing obligations
• Service charge disputes
• Rent reviews
• Breach of the use clause or keep-open obligations
• Alterations without landlord’s consent
• Assignation and subletting
• Break options and notices to quit
• Tacit relocation and occupation after the lease ends
• Access, nuisance and neighbour issues
• Tenant insolvency and CVAs

Advice for commercial landlords on rent arrears and breach

When a tenant fails to pay rent or breaches the lease agreement, a landlord needs to act quickly but carefully, because taking the wrong step can waive your rights or expose you to a claim. Depending on the breach and the lease, the landlord may use the remedies available to landlords in Scotland, which include:

• Action for paymentCourt action in the Sheriff Court to recover rent arrears, service charges and interest.
• Summary diligenceMost commercial leases are registered in the Books of Council and Session with consent for execution. That allows the landlord to instruct sheriff officers to serve a charge for payment and enforce arrears without first going to court.
• Landlord’s hypothecA right in security over moveable property owned by the tenant and kept in the premises, which secures unpaid rent only. Since sequestration for rent was abolished in 2008, it cannot be enforced on its own, but it can give the landlord priority over other creditors if the tenant becomes insolvent.
• IrritancyTerminating the lease early because of the tenant’s breach, subject to strict statutory protections.
• Specific implement and interdictCourt orders requiring a tenant to comply with an obligation, or to stop a breach of the lease.
• Guarantees and rent depositsClaims against guarantors and the use of any rent deposit.

Advice for commercial tenants on their premises and tenancy

Tenants also face difficult lease disputes. We help commercial tenants respond to irritancy warning notices and rent arrears claims, challenge excessive service charges and dilapidations claims, negotiate rent reviews and lease exits, and enforce landlord obligations such as repairs to common parts. If you have received a notice from your landlord, take legal advice from a solicitor straight away, as time limits in lease disputes are often short.

Shop tenants may have limited protection under the Tenancy of Shops (Scotland) Act 1949, which allows the sheriff to renew some shop leases for up to one year at a time. An application must be made within 21 days after the landlord’s notice to quit.

Irritancy of a commercial lease

Irritancy is the Scottish equivalent of forfeiture under the law of England and Wales. It allows a landlord to terminate a lease early because of the tenant’s breach, and it can have serious consequences for a tenant, who may lose the premises and any value in the lease.

The Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 provides important protection. For non-payment of rent or other sums, the landlord must first serve a warning notice by recorded delivery giving the tenant at least 14 days to pay, or any longer period allowed by the lease. For other breaches, the landlord can only irritate if a fair and reasonable landlord would do so in the circumstances. Landlords must follow the correct procedure precisely, and tenants should check whether a notice is valid before reacting.

Ending a commercial lease and tacit relocation

A commercial lease in Scotland does not automatically end on its expiry date. Unless valid notice to quit is given, the lease continues under tacit relocation, usually for a further year where the original term was a year or more. The default notice period is 40 clear days before the termination date, unless the lease says otherwise. Proposed reforms to these rules were withdrawn from the Scottish Parliament in September 2025, so the existing common law still applies.

Disputes often arise over whether a notice was valid, whether a break option was exercised correctly and what condition the premises must be returned in. Dilapidations claims at the end of a lease can be substantial, so it is worth taking advice before the lease ends. For advice on the terms of a new or existing lease, see our commercial leases service.

Whatever the issue, we always consider whether the dispute can be settled through negotiation, mediation or another form of alternative dispute resolution before litigation in the Sheriff Court or Court of Session.