Aspects of leases

Commissioner

Caroline Drummond

Team Members

Charles Garland, Project Manager
Scott Cormack, Legal Assistant

The reform of proprietary aspects of leases is included in our Tenth Programme of Law Reform (paras 2.10-2.16).  The project will take a focussed approach, looking at areas as to where law reform is most needed.  We will concentrate mainly on commercial leases, as the law on residential leases and agricultural leases is already subject to significant statutory regulation. 

Aspects of Termination

Following an initial scoping exercise, assisted by contributions from members of our advisory group which met in September 2017, we begin by considering issues relating to the termination of leases.

Our Discussion Paper was published in May 2018.  It includes chapters on tacit relocation; notices to quit; apportionment of rent; the Tenancy of Shops (Scotland) Act 1949; irritancy; and the doctrine of confusio.  The consultation closed on 14 September 2018 and we are very grateful to all those who have contributed to our consultation process.  We are now analysing the responses and preparing a draft report and bill.  (Some of the responses are best read alongside the list of questions.)

Contact

If you require further information about this project please email charles.garland@scotlawcom.gov.uk.