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Discussion Paper on Aspects of Leases: Termination 24/05/2018 The SLC has published a Discussion Paper on Aspects of Leases: Termination, looking at the regulation of commercial leases.

Discussion Paper on Aspects of Leases: Termination

The Scottish Law Commission has published a Discussion Paper on Aspects of Leases: Termination. It relates mainly to the regulation of commercial leases and considers how the law can be clarified and, where necessary, modernised.

Commercial leases in Scotland are not at present heavily regulated by law. This offers an attractive degree of flexibility, which the Commission says it would wish to preserve. But there are also some drawbacks: the rules in certain areas are of great antiquity, drawing on Roman doctrines, and this results both in a lack of clarity as to what the law is on particular issues and the imposition of requirements that are not in line with modern business needs. This means that sometimes the practice relating to the termination of commercial leases is cumbersome and confused.

The Discussion Paper seeks to highlight some of the current problems and asks how the law could be improved in order to make the practice of terminating commercial leases clearer, fairer and more efficient.

The consultation period will run until 14th September 2018.

The Discussion Paper is available here.

 

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