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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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Scots Law Q (should be in Scots Law Category not General)

Resolved Question:

This question is for the Scots Law Catoegory not the General Category but I cannot get the category to change. It is a question for a Scottish lawyer.
If a Scottish commercial lease is running on tacit relocation is it the case that that lease could be validly assigned by the tenant but that rent reviews will not operate under that lease during the period of tacit relocation?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a Scots lawyer.
There is no reason in principal why a lease which has reverted to tacit relocation could not be assigned but as the maximum period of the lease would be a year any tenant's solicitor would be looking for an extension or a new lease.
Again, there is no reason why rent reviews would not operate under a lease which has reverted to tacit relocation unless the lease says otherwise.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your reply and quick response. It is much appreciated. I think it may be the case that the rent review clause will not operate under tacit relocation if it is inconsistent with a one year lease. For example if the lease requires a rent review every three years. I will look into this further.
Expert:  JGM replied 1 year ago.
That is one way of looking at it. The other is that the lease doesn't become a one year lease. It is still the same lease which is tacitly renewing a year at a time on the same terms and conditions, including the conditions concerning rent review.

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