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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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Im arranging to lease some land. Do I need anything more than

Customer Question

I'm arranging to lease some land. Do I need anything more than a simple agreement in writing?
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

JACUSTOMER-jhoe8jla- :

hi

Max Lowry :

Hi ya. How long will the lease be for?

JACUSTOMER-jhoe8jla- :

it will be at least 15 years

Max Lowry :

Okay. Then yes, it must be in writing and made by Deed. This is due to the requirement of s.52(1) Law of Property Act 1925.

JACUSTOMER-jhoe8jla- :

what does made by Deed mean?

Max Lowry :

Different rules apply for less than 3 years, but clearly, you're well over that!

Max Lowry :

It means it has to say on the document itself that it is a Deed, and it must be signed and witnessed by third parties.

Max Lowry :

Let me see if I can find you a link for something to help ... hold on a second.

JACUSTOMER-jhoe8jla- :

ok - but it doesnt need to be drawn up by a lawyer - it can have simple agreed terms?

Max Lowry :

Have a look at this: https://www.prolog.co.uk/prolog_common/LS2R.pdf?cat=Links&sys=ecom_lawsoc

Max Lowry :

This is the Law Society standard form of business lease, which you could use rather than use a lawyer.

Max Lowry :

HOWEVER, whilst you can do this without a lawyer, I would always recommend that people use lawyers as they will be able to negotiate the specific terms for you with the landlord/tenant and for 15 years, this is a long time, it's good to get it right and fully understand what you're entering into.

JACUSTOMER-jhoe8jla- :

ok so we could just copy and paste the terms that we want to use?

Max Lowry :

You could do, yes.

JACUSTOMER-jhoe8jla- :

if its a 15+ year lease, how much security do i have?

Max Lowry :

15 years worth.

JACUSTOMER-jhoe8jla- :

what if the lessor wanted to end it early?

Max Lowry :

Hold on - are you in Scotland?

JACUSTOMER-jhoe8jla- :

yes

Max Lowry :

Ah - I've given you the answer under English law. I'm sorry, I should opt out and get a Scottish lawyer to answer you. Is that okay - bear with me?

JACUSTOMER-jhoe8jla- :

ok

Max Lowry :

Thanks. We will email you when a Scottish law looks at this.

JACUSTOMER-jhoe8jla- :

?

Expert:  JGM replied 3 years ago.
Thank you for your question.

In Scotland a commercial lease for 15 years or thereby must be in writing to be binding on both parties.

The parties are free to agree the terms and conditions of the lease including rent, insurance, the duration, termination, maintenance, rent review etc.

Such a lease is normally drawn up by a solicitor, signed by the parties, witnessed and then registered in the Books of Council and Session in Edinburgh. If drawn up properly the tenant has security of tenure for the full term of the lease provided that he complies with his obligations under the lease. If he does not, the landlord has the right to terminate the lease. This is known as irritancy of the lease.

The tenant (or less common the landlord) may want a break clause in the lease whereby one of the parties can give notice to terminate the lease early at particular points in the term, say after each fifth anniversary. That again is a matter of negotiation and contract.

Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

Does it have to be drawn up by a solicitor?


 

Expert:  JGM replied 3 years ago.
No it doesn't, not if the parties know what they're doing.

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