Gavin Deeprose
Gavin is a Senior Professional Support Lawyer in DLA Piper's Litigation & Regulatory Group. He provides technical support to legal professionals within the Group across a diverse range of subject areas including property, commercial and regulatory disputes. He monitors, updates and trains lawyers and clients on relevant legal and regulatory developments, creates and maintains litigation and other styles for use within the Group and produces articles and client bulletins for publication on the firm's website and newspapers, journals and online platforms. He also works on global projects to enhance the quality of client service.
Prior to becoming a professional support lawyer Gavin gained substantial experience as practitioner, working at two major Scottish firms. He is an experienced litigator specialising in commercial disputes, including property related claims, corporate debt recovery and repossessions, and insurance litigation, acting for many prominent companies and financial institutions.
Gavin is a member of the Association of Litigation PSLs. He has a keen interest in pro bono work and is the Pro Bono Co-ordinator for DLA Piper's Edinburgh office.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 2001
Membership
- Law Society of Scotland
- Association of Litigation Professional Support Lawyers
Education
- LLB (Hons), University of Glasgow
- CPE, University of Northumbria, Newcastle
- Legal Practice Course, The College of Law, York
- Diploma in Legal Practice, University of Glasgow
- LLM in Human Rights Law, University of Strathclyde
12 Contributions by Gavin Deeprose
PRACTICE NOTES
Assignation and Subletting in Scottish Commercial Leases: Consent, Reasonableness, Financial Standing, Reverse Premiums, Disputes, Remedies and Continuing Liability
This Practice Note explores the difference between assignation and subletting of commercial leases in Scotland, the requirement for a landlord’s consent, and the respective remedies available to a landlord and a tenant where the other party breaches its obligations under the lease concerning assignation or subletting. It relates exclusively to commercial leases in Scotland and does not deal with residential or social housing tenancy arrangements.
Assignation and subletting
Assignation and subletting are two avenues a tenant may use to introduce a new tenant into the lease arrangement. The tenant might opt for these avenues because it no longer needs to occupy the premises (or a portion thereof) yet is not entitled under the lease terms to terminate. This Practice Note considers the contentious issues that can arise when a tenant asks its landlord to approve an assignation or a sublease. The principal difference between assignation and sublease is the degree to which the tenant’s responsibilities under the lease are transferred. As further addressed in this Practice Note:
assignation—normally transfers all of the tenant’s obligations under the lease to the assignee. In this way, an assignation can offer a tenant a clean break from its responsibilities under the lease, and the assignee steps into...
Property Disputes
PRACTICE NOTES
Commercial lease rent reviews in Scotland: drafting, notices, time limits and waiver, valuation assumptions/disregards, dispute resolution (arbitration v expert), and alternatives (turnover rent and indexation)
This Practice Note sets out how rent review clauses operate in commercial leases. It also summarises the processes for resolving rent review disagreements by arbitration or expert determination. It does not address agricultural rent reviews; for those, see Practice Notes: Rent review under 1991 Act agricultural tenancies in Scotland and Rent review under 2003 Act agricultural tenancies in Scotland.
Need for rent review
Rent reviews enable commercial rents to be aligned with market conditions at the review date. They appear most often in longer commercial leases. Reviews occur at the intervals agreed in the lease’s rent review clause, typically every three to five years, though this may differ.
In addition to specifying the dates, the lease should set out the method to be used for the review. Several approaches are available, discussed below; however, the open market rent basis is the most prevalent. For further detail, see: Different types of rent review: Stair Memorial Encyclopaedia [481]. Care is required when drafting rent review clauses to ensure that...
Property Disputes
PRACTICE NOTES
Ending residential tenancies in Scotland: PRT and pre-2017 assured/short assured tenancies—grounds, notices, pre-action duties, FTT process, moratorium and enforcement
FORTHCOMING CHANGE :
The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For commentary on how the Act will affect residential lettings in England, refer to Practice Note: Renters' Rights Act 2025—key provisions.
Private residential tenancies
The Private Housing (Tenancies) (Scotland) Act 2016 (PH(T)(S)A 2016) introduced a private sector residential tenancy known as the ‘private residential tenancy’ (PRT), see Practice Note: Private residential tenancies—Scotland. PRTs commenced on 1 December 2017, displacing the former assured and short assured tenancy framework (see ‘Tenancies created before December 2017’ below). From 1 December 2017, new assured or short assured tenancies can no longer be created. Assured and short assured tenancies that existed before 1 December 2017 continue to be regulated by the Housing (Scotland) Act 1988 (H(S)A 1988), including its termination rules. This also covers short assured tenancies that began before 1 December 2017 and, on or after that date, roll over on a contractual basis (for example, for successive two‑month periods following the initial term). A landlord and a tenant may, on or after 1 December 2017, agree to switch their assured or short assured tenancy to a PRT; see Practice Note: Assured and short assured tenancies—Scotland...
Property Disputes
PRACTICE NOTES
Excluding bidders in public procurement: mandatory and discretionary grounds, self-cleaning, exceptions and duration under PCR 2015, with Procurement Act 2023 reforms (England, Wales and Northern Ireland)
FORTHCOMING CHANGE:
On 24 February 2025, the core provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements started on or after that date must proceed under PA 2023, while those initiated under earlier legislation must continue to be delivered and administered in line with that regime:
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
See Practice Note: Introduction to the Procurement Act 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore form assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018.
For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
FORTHCOMING CHANGE:
From 24 February 2025, Procurement Policy Note (PPN) 015 replaces PPN 10/23 with updated guidance on how to consider suppliers’ payment approaches when procuring major government contracts under PA 2023.
From 1 October 2025, PPN 018 replaces PPN 015, reducing the average payment days threshold suppliers must meet to demonstrate they have effective payment systems in place to ensure the reliability of their supply chains. See: ...
Public Law
PRACTICE NOTES
Irritancy in commercial leases (Scotland): legal and conventional grounds, statutory procedure, defences, impact on sub-leases and charge-holders, and proposed reforms
Background
This Practice Note explores the law of irritancy within the sphere of commercial leases in Scotland. It examines the distinction between legal and conventional irritancies, the procedure for exercising irritancy, available defences, and the consequences for sub-leases and charge-holders. It does not cover:
human rights challenges to irritancy
the interaction of irritancy with the corporate insolvency regime
irritancy in the context of residential property, see Practice Note: Residential tenancies in Scotland—bringing to an end
irritancy in the context of agricultural property, see Practice Note: Irritancy of agricultural tenancies in Scotland
Irritancy is a landlord’s remedy that permits termination of a lease following a tenant’s breach. It is equivalent to the English remedy of forfeiture. An irritancy may arise by operation of law or be conventional.
Legal irritancy
An irritancy arising by law is known as a legal irritancy. Under Scots common law, the sole recognised legal irritancy is for non-payment of two successive years’ rent. In that circumstance, on the expiry of the two-year period, the landlord may terminate the lease and, if the premises are not vacated, commence proceedings to evict the tenant...
Property Disputes
PRACTICE NOTES
Landlord and tenant remedies in Scotland: interdict, specific implement, payment and damages actions, rescission, retention, irritancy, hypothec and recovery of heritable property
Main remedies in Scottish landlord and tenant disputes
The principal remedies available in the context of landlord and tenant disputes in Scotland are:
Interdict
Specific implement
Payment action
Damages action
Rescission
Retention of rent
Irritancy
Hypothec
Action for recovery of heritable property
Interdict
Interdict is a court remedy used to restrain an actual or threatened breach of contract by a party; for example, a landlord may seek it to stop a tenant using the premises for a purpose other than that for which it is let. It is the counterpart of the English remedy of injunction. An interdict can be obtained in the Court of Session (by petition or summons, see: Introduction: Stair Memorial Encyclopaedia [88]) or in the sheriff court (by initial writ, see: Form of writ: Stair Memorial Encyclopaedia [382]). If brought in the sheriff court, proceedings must be raised where the defender is domiciled or where the alleged wrong is occurring. The sheriff may nevertheless grant an interdict effective beyond the sheriffdom. There are six Sheriffdoms in Scotland, including Glasgow and Strathkelvin and Grampian...
Property Disputes
PRACTICE NOTES
Nuisance in Scottish property disputes: common law principles, statutory nuisance under the EPA 1990, remedies and defences, overlap with other regimes, public places, recent cases, and comparison with English law
The most frequent delicts arising in property disputes are negligence, nuisance and trespass; see Practice Notes: Property disputes in Scotland (delictual and statutory) and Property disputes in Scotland—negligence and trespass. Nuisance describes any use of land that interferes with a neighbour’s enjoyment of their property. Situations where a nuisance remedy may apply include uses that:
generate offensive smells or odours
produce noise
cause flooding to a neighbour’s property
In Scotland, nuisance is classified as either common law or statutory nuisance.
Common law nuisance—invasion of interest in the use and enjoyment of private land
At common law, nuisance is broadly characterised as ‘an invasion of an interest in land’. Liability is assessed by the ‘reasonable tolerability’ test, which is context‑dependent and may vary with factors such as locality, impact, frequency, and the utility of the conduct in question; see The nature of the test for determining liability for nuisance: Stair Memorial Encyclopaedia [37].
The test of reasonable tolerability
Case law reveals differing approaches to the test applied by the courts when determining liability for nuisance, see...
Property Disputes
PRACTICE NOTES
Public procurement selection under PCR 2015: financial and technical criteria, SQ/ESPD evidence, PPNs, reliance on other entities, shortlisting and clarifications; forthcoming Procurement Act 2023 changes
FORTHCOMING CHANGE:
On 24 February 2025, the principal provisions of the Procurement Act 2023 (PA 2023) take effect. Procurements started on or after that date must be conducted under PA 2023, while those initiated under earlier legislation must continue to be run and managed in accordance with those regimes:
Public Contracts Regulations 2015 (PCR 2015)
Utilities Contracts Regulations 2016
Concession Regulations 2016
Defence and Security Public Contracts Regulations 2011
See Practice Note: Introduction to the Procurement Act 2023.
PCR 2015 as assimilated law
PCR 2015 are EU-derived domestic legislation and therefore constitute assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law.
FORTHCOMING CHANGE:
From 24 February 2025, Procurement Policy Note (PPN) 015 supersedes PPN 10/23, providing updated guidance on how to assess suppliers’ payment approaches when procuring major government contracts under PA 2023. From 1 October 2025, PPN 018 replaces PPN 015, reducing the average payment days threshold suppliers must achieve to demonstrate they have effective payment systems in place to ensure the reliability of their supply chains. See:...
Public Law
PRACTICE NOTES
Recovering Commercial Rent Arrears in Scotland: landlord options, court and summary diligence, statutory demands, guarantees, deposits, hypothec, and key considerations including irritancy, time bar and insolvency
Rent
Rent is the amount payable by a tenant to the landlord for occupying or using the premises. The rent figure must be capable of being worked out from the lease; it need not be fixed for the whole term, but the starting rent must be identified together with a method—typically a rent review clause—to determine later rents. Rent is usually expressed as exclusive of VAT, payable without deduction and without the need for demand. See Practice Note: Rent and rent review in commercial leases in Scotland.
Commercial rent is ordinarily paid in advance by equal instalments on the quarter days, namely:
28 February, May, August and November
or, where English parties prefer, 25 December, 25 March, 24 June and 29 September
Monthly payment is increasingly common. Where rent is payable quarterly in advance, the entire instalment falls due on the quarter day. This can be significant where a tenant seeks to exercise a break clause with a termination date between quarter days. See Practice Notes: Break options in commercial leases—disputes—Scotland and Break options in commercial leases in Scotland...
Property Disputes
PRACTICE NOTES
Repairing obligations and dilapidations in Scottish commercial leases: interpretation, extraordinary repairs, interim schedules of dilapidations, remedies, and terminal payment versus damages clauses
This Practice Note reviews repairing duties in Scottish commercial leases, covering how such obligations are interpreted, extraordinary repairs, interim dilapidations, remedies for breach by landlord or tenant, the scope of duties, and payment obligations for repairs at lease termination. For the principal judicial and non-judicial remedies in Scottish landlord and tenant disputes generally, see Practice Note: Remedies in landlord and tenant disputes—Scotland.
Interpreting repair obligations in commercial leases
A lease’s repairing clause allocates the respective responsibilities of landlord and tenant for the let subjects and any shared parts of the property of which they form part. In practice, parties and their solicitors negotiate how repair risk is divided, and unambiguous drafting is required to shift responsibility from landlord to tenant. Care is also needed in defining the let subjects and the extent of common parts so that liability is aligned accordingly; see Practice Note: Repair clauses in commercial leases in Scotland—Contracting out of the common law—the full repairing and insuring lease. Landlord’s common...
Property Disputes
PRACTICE NOTES
Scottish commercial lease break notices: strict compliance on form, service and parties, agent authority, withdrawal, and legislative context—key case law and pitfalls
Break clauses
A break clause is a provision in a lease that allows the landlord or the tenant to bring the lease to an early end. The Practice Note: Break options in commercial leases in Scotland examines break clauses in depth and covers:
who is entitled to exercise the break
the timing for exercising the break clause
any pre-conditions to using a break clause
the implications for sub-leases
For sample drafting, see Precedents: Break clause for commercial lease in Scotland—landlord option—style, Break clause for commercial lease in Scotland—tenant option—style, and Break clause for commercial lease in Scotland—mutual option—style. For practical guidance on exercising a break option, see: Break options—exercising break clauses in Scotland—checklist.
Break notices
Break options are operated by serving a break notice. The break clause often specifies the requirements for the notice, including its form, the date and method of service, and the correct parties to be served. These details may alternatively appear in a general service clause within the lease, or in both.
Mandatory Requirements
Any mandatory provisions relating to the notice must be observed to the letter...
Property Disputes
PRACTICE NOTES
Service charges in Scottish commercial leases: disputes, lease interpretation, RICS Service Charge Standard, and remedies
What is a service charge?
A service charge is a sum a tenant may have to pay to a landlord under a commercial lease to reimburse the landlord for services they provide in connection with the common parts and for the upkeep of the property. Commonly, this applies where multiple tenants occupy one property, for example a shopping centre, and the landlord looks after the communal parts of the building for everyone’s benefit. In most contemporary leases the tenant pays the service charge on account, before the landlord incurs the expenditure, calculated from an estimate of the next year’s costs. At the close of the accounting period a reconciliation is prepared and any shortfall or surplus is settled by or to the tenant. Sometimes, earlier forms of lease stipulate that the landlord must meet the outlay first. For more detail on service charges ordinarily charged to tenants of multi-occupied buildings by commercial landlords in Scotland, see Practice Note: Service charge and outgoing provisions in commercial leases in Scotland.
Service charge disputes
Service charge arrangements frequently lead to disagreements between landlord and tenant. The principal reason for this is, quite simply, that, in essence and, in fact, the landlord indeed is...
Property Disputes
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