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This document can be used to create a commercial lease agreement for properties in Scotland. It can be used for shops, offices, bars, restaurants, industrial units and other properties which are authorised to carry out commercial activities by their local authority.
This document can be used to create leases for short or long periods which may continue on a rolling basis or for a set period of time. The rights and responsibilities of the Landlord and the Tenant are clearly defined within the agreement and cover all the most basic and expected clauses which are ordinarily contained within a commercial lease. The document may be altered where necessary to reflect the specific needs of the parties to the agreement or to reflect to nature of the premises which is being leased. The document provides that notices which need to be served under this agreement can be done by way of email or by post.
How to use this document
A copy of this document should be provided to each party and all persons who are named within the agreement and they should be given the opportunity and adequate time to read its contents. Where either party has any issues with the document these should be raised with the other party before signing the document. Once each party has read its contents they should sign two copies of the agreement with one kept for their records and other provided to the other party.
It is recommended that the Tenant is provided with a copy of a plan of the premises being leased alongside this document. This plan should clearly display/highlight the boundaries of the premises. The Tenant should have paid their first instalment of rent on or before the start date of the agreement and before they have taken possession of the premises. The Landlord should also have made sure the premises is safe and fit for the purpose it is being let before the Tenant takes occupation of the premises.
The Tenant should also be made aware of any rights of access they have or any other burdens which relate to the property. The document should adequate and clearly set out what commercial activity the premises can be used for and the Tenant must be made aware that the premises cannot be used for any other purpose. The Landlord should also ensure that the document accurately reflects the amount of rent that shall have to paid by the Tenant, how this rent should be paid and at what intervals.
In Scotland the law of commercial leases is largely based on common law and not statute and therefore there are not many Acts of Parliament which are as applicable to the regulation and creation of commercial leases.
The Town and Country Planning (Scotland) Act 1997
The Town and Country Planning (Use Classes) (Scotland) Order 1997
The Planning (Hazardous Substances) (Scotland) Act 1997
The Planning (Listed Buildings and Conservation Areas) Act 1997
The Planning (Consequential Provisions) (Scotland) Act 1997
The Building (Scotland) Acts 1959 and 1970
Help from a lawyer
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