This text provides a practical guide to occupational leases for commercial property. Following the chronology of a transaction, Cockburn discusses clauses which regularly occur in commercial leases, highlighting the points each side needs to insist upon in negotiations and providing optional revisals for those acting for tenants. In an area of law where careful drafting is essential, this concise and informative handbook offers a unique practical viewpoint, outlining potential pitfalls and providing solutions.
This title is included in Bloomsbury Professional's Scottish Law, Scots Law Student and Scottish Conveyancing online services.
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Scots Law. This text provides a practical guide to occupational leases for commercial property. Following the chronology of a transaction, Cockburn discusses clauses which regularly occur in commercial leases, highlighting the points each side needs to insist upon in negotiations and providing optional revisals for those acting for tenants.
| Preface |
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v | |
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Table of statutory materials and guidance |
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xi | |
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xiii | |
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Chapter 1 General Introduction |
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1 | (196) |
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Chapter 2 Offers or Agreements for Lease |
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7 | (30) |
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7 | (1) |
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8 | (1) |
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9 | (2) |
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11 | (1) |
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12 | (2) |
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Developer's/Landlord's Obligations of Construction or Repair |
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14 | (3) |
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Access Date/Practical Completion/Entry/Rent-Free Periods |
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17 | (3) |
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`Repairing' Considerations |
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20 | (4) |
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Tenant's Fitting-Out Works/Commencement of Trade |
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24 | (2) |
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26 | (1) |
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27 | (1) |
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28 | (1) |
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29 | (1) |
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29 | (2) |
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31 | (1) |
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32 | (3) |
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35 | (1) |
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35 | (2) |
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Chapter 3 The Subjects of Lease |
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37 | (8) |
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37 | (1) |
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38 | (2) |
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40 | (2) |
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Exceptions and Reservations |
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42 | (3) |
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45 | (12) |
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45 | (7) |
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52 | (1) |
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52 | (2) |
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54 | (3) |
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57 | (16) |
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Implied Landlord's Warranty |
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58 | (1) |
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58 | (3) |
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61 | (1) |
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Transference of Responsibility to Tenant |
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61 | (3) |
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64 | (3) |
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67 | (6) |
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73 | (16) |
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73 | (1) |
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The RICS Code of Practice (`the Code') |
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74 | (1) |
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75 | (3) |
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78 | (4) |
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82 | (4) |
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86 | (3) |
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Chapter 7 Insurance and Related Matters |
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89 | (10) |
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89 | (1) |
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90 | (1) |
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91 | (1) |
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91 | (1) |
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92 | (5) |
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97 | (2) |
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99 | (38) |
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99 | (1) |
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The Mechanics of Implementation |
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100 | (8) |
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108 | (20) |
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Third Party Determination |
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128 | (3) |
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131 | (2) |
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Alternative Rent Review Procedures |
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133 | (4) |
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Chapter 9 The Tenant's General Obligations |
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137 | (26) |
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137 | (1) |
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138 | (3) |
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141 | (7) |
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148 | (7) |
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Alterations/Signage/Trade Notices |
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155 | (4) |
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Compliance with Title and Statute |
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159 | (2) |
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161 | (2) |
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Chapter 10 The Landlord's Obligations |
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163 | (6) |
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163 | (1) |
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163 | (1) |
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164 | (5) |
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169 | (18) |
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Rei Interius and Frustration |
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169 | (1) |
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Failure of Superior Lease |
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170 | (1) |
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170 | (8) |
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Operation of Break Option |
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178 | (3) |
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Agreement on Early Termination |
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181 | (1) |
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182 | (3) |
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185 | (2) |
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Chapter 12 Sub-Leases, Assignations and Renunciations |
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187 | (10) |
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187 | (4) |
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191 | (3) |
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194 | (3) |
| Index |
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197 | |
David Cockburn is known as one of Scotland's leading property and planning lawyers. He has been in practice for more than 30 years and has acted in many major property developments in that time. He works with a number of developers and investors and continues to advise retailers such as Boots on property matters. An accredited specialist in planning law, he advises and appears at planning inquiries for developers, statutory consultees, planning authorities and other interest groups.
Robin Mitchell qualified as a solicitor in 1992 and is now a Partner with ACH Shoosmiths in Edinburgh.
