The discussion paper states that there are differences of opinion within the bar on whether a lease is automatically extinguished by Confusio when the rights of a lessor and tenant are transferred from a lease agreement to the same person. In practice, the lack of clarity poses problems, in particular where subleases are granted under the lease or where a standard guarantee is granted for the lease and in any event the lease remains in place in order to maintain the structure of rental and subletting interests and standard security rights. There is no legal provision for a tenant to renew or renew the lease – it is a matter of agreement between the parties as to whether the lease is renewed or renewed, and some leases have an option to renew or renew. Coronavirus (COVID-19): Schedule 7 of the Coronavirus (Scotland) Act 2020 (C(S)A 2020) and C(S)A 2020, s 8 protects commercial tenants from termination for non-payment of rent. It extends the usual notice period from 14 days to 14 weeks. Advance rulings notified to tenants before the entry into force of C(S) A 2020 are cancelled to the extent that they have not yet expired. C(S) A 2020 does not affect the irritability of non-monetary offences. Nor does it prevent landlords from following tenants by other means to settle arrears. The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020, SSI 2020/299 amend C(S)A 2020 and the coronavirus (Scotland) (No 2) Act 2020 extends the expiry date of these measures until 31 March 2021. See also: Coronavirus (COVID-19) – Scotland-Tracker – Property and Ownership Disputes. In order for a lender to obtain a firm guarantee on the shares of a Scottish borrower`s business, the lender (or its nominee) must take ownership of the shares (see question 8.5,point (d)). Any implementation therefore implies the exercise of the rights of the lender (or its nominee) as a shareholder of the borrower, subject to the conditions of an agreement established in the securities document. This could include the appropriation or sale of the shares, as well as the receipt and retention of dividends.

As a general rule, both the buyer and the seller will order their own lawyers to act on their bee during the hearing and preparation of the contract. The buyer`s attorney performs all necessary duties of care with respect to the title, all professional leases, and other related matters, including reviewing legal reports and other research. The buyer`s lawyer takes care of filing an LBTT return and paying an LBTT due, as well as filing the application for registration and other matters after closing. The 1949 Act is now generally regarded as respected and is an unnecessary anomaly in Scottish commercial tenancy law. In addition, recent case law shows that larger tenants have attempted to use the protection of the 1949 Act that the purpose of the 1949 Act was to protect small traders. . . .