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Commercial leases

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Introduction

A commercial lease is essentially an agreement between a landlord and tenant that sets out the terms under which a tenant may occupy and use a commercial property. It also creates a legal right for the tenant to occupy the property.

The law governing commercial leases is substantially different in Scotland as compared with England, Wales and Northern Ireland.

For example, in England and Wales commercial leases for longer than seven years must be registered at HM Land Registry.

In Scotland, only commercial leases for longer than 20 years must be registered in the Land Register of Scotland. However, the lease is often registered in the Books of Council and Session in Edinburgh.

In England, Wales and Northern Ireland, commercial leases are governed by both case law and various Acts of Parliament. In particular the Landlord & Tenant Act 1954, or the Business Tenancies (Northern Ireland) Order 1996, gives the tenant a right to have the lease renewed at the end of its term.

There is no such corresponding right in Scottish law.

Commercial properties include offices, shops, warehouses, factories and other industrial units.

What is the law guide

The Desktop Lawyer law guide aims to present the law to you in a comprehensive yet jargon-free and easy-to-read format. Our law guide is constantly kept up to date with changes in business and family law by our team of in house solicitors, and includes information across all the legal jurisdictions in the UK.

Our law guide is free to use. Where we provide documents related to this area of law, or where they may help you with any legal issue in this area, they will be listed to the right of this message.

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