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Commercial leases
Commercial lease solicitors in Scotland
We act for landlords and tenants on all kinds of commercial property, from a first shop unit to a multi-let investment. Our aim is a lease that is fair, clear and works for your business.
Leases that work for your business
Scottish business tenants have few statutory protections, so the lease itself matters. Choose where you need help.
Our commercial leasing work
We act for a wide range of clients, including developers, retailers and property investors as well as sole traders, partnerships and start-ups. Our solicitors give practical, commercial advice on all aspects of leasing, including:
- New leases and missives of let
- Agreements for lease
- Sub-leases
- Assignations
- Rent reviews
- Licences for works
- Lease extensions and variations
- Renunciations and ending leases
- Dilapidations
- Landlord and tenant disputes
Why early advice matters
A commercial lease sets out the rights and obligations of both landlord and tenant, often for many years. The courts treat commercial leases very differently from residential tenancies. They are seen as contracts between business people who can look after their own interests, so there are far fewer statutory protections if a problem arises. Unlike in England and Wales, Scottish business tenants have no general statutory right to renew their lease.
That is why it is important to take advice from the start, ideally at the heads of terms stage, before the main commercial points are fixed.
The key terms in a commercial lease
- Rent and rent reviewHow much is paid, when, and how the rent changes over the term.
- RepairMany leases are full repairing and insuring, so the tenant is responsible for the whole building.
- Service chargeWhat the landlord can recover for shared areas and services in a multi-let building.
- Use and keep-openWhat the premises can be used for and whether the tenant must trade throughout the term.
- Assignation and sub-lettingWhether the tenant can pass the lease to someone else and on what conditions.
- Break optionsThe right to end the lease early, and any conditions attached.
- InsuranceWho insures the building and what happens if it is damaged.
- Guarantees and depositsExtra security the landlord may ask for, particularly from new businesses.
- IrritancyThe landlord’s right to end the lease if the tenant breaches it.
Advice for landlords and tenants
We have dedicated pages for landlords and tenants, as each side has different priorities. If your lease is coming to an end, our lease extension page explains your options under Scots law.
We work closely with surveyors, letting agents and other property professionals to deal with your lease efficiently.
At a glance
- We act for
- Landlords, tenants, developers, investors and start-ups
- Documents
- Leases, missives of let, sub-leases, assignations and licences for works
- LBTT
- A lease is usually notifiable if the net present value of the rent is over £150,000
- Registration
- Leases over 20 years must be registered in the Land Register of Scotland to bind a new landlord
Taking new premises, letting a property or reviewing a lease? We will explain the terms that matter and negotiate them for you.
Book a free* consultation0141 471 9166*Free initial consultation of up to 30 minutes.How a new lease is put in place
- Heads of termsThe rent, term, break options, incentives and other key points are agreed.
- Draft leaseThe landlord’s solicitor sends a draft lease and the tenant’s solicitor reviews it.
- NegotiationThe terms are negotiated, along with any guarantee, deposit or licence for works.
- SigningThe lease is signed, often electronically, and the tenant takes entry.
- After signingLBTT and registration are dealt with, and the lease is recorded in the Books of Council and Session where appropriate.
Questions we are often asked
Should a landlord or a tenant instruct their own solicitor?
Yes. A lease is a long-term commitment and each side has different interests, so each should have its own solicitor.
Who pays the legal costs of a new lease?
Each side usually pays its own costs, although this can be negotiated. The tenant normally pays any LBTT and registration dues.
How long does it take to agree a lease?
A straightforward lease can be agreed in a few weeks once heads of terms are settled. Larger or more complex lettings take longer.
Is there a standard commercial lease in Scotland?
There is no single standard lease, but many Scottish solicitors use style documents prepared by the Property Standardisation Group as a starting point.
What happens when my lease ends?
Unless proper notice is given, the lease may continue under tacit relocation. See our lease extension page for the options.
Get in touch
Speak to a senior business solicitor
Every business matter is different, so we start by listening. Tell us what you are dealing with and we will give you clear, practical advice and an honest view of the likely cost.
Read our Google reviews- Senior lawyers on every matter
- Free* first consultation
- Glasgow based, advising across Scotland
Your legal team
Senior solicitors on every matter
Your matter is handled by experienced solicitors who know Scots business law and will explain your options in plain English.
Billy Smith
Director and Solicitor. Set up the firm in 2010 to deliver legal services better.
Emma King
Director and Solicitor. Joined in 2011 and keeps the firm’s service excellent.
Scott Stevenson
Associate Director. Calm, composed and logical under pressure.
Ciara Young
Associate Director. Trained with the firm from 2019.
Not sure who you need?
Tell us about your matter and we will put you in touch with the right solicitor.