Jennifer Guy
Jenni is a lawyer in the Real Estate team at Brodies LLP.
She has extensive transactional experience in a range of commercial property transactions including: acting on behalf of tenants and landlords in commercial leasing transactions for office, retail, industrial and leisure properties; acting on behalf of purchasers and vendors in investment and development acquisitions and disposals; acting on behalf of borrowers and lenders in property financing transactions; and providing Scots law real estate support on high value cross-border transactions.
Jenni also provides advice on insolvency related real estate issues as part of the Brodies Restructuring and Insolvency team and specialises in acting for insolvency practitioners and lenders in distressed asset sales.
Practice Areas
Panels
- Contributing Author
- Scottish Panel
Membership
- Law Society of Scotland
Education
- University of Glasgow LLB (Hons)
- University of Dundee DIPLP
- University of Dundee LLM
1 Contributions by Jennifer Guy
PRACTICE NOTES
Keep open clauses in Scottish commercial leases: drafting, enforcement (interdict/specific implement), damages and contrasts with England and Wales
This Practice Note explores keep open clauses in Scottish commercial leases. It explains what a keep open clause is and why parties may wish to include one in their lease; identifies key points for a solicitor when drafting; and outlines the remedies a landlord may seek where a tenant breaches the clause. It also briefly contrasts the enforcement approaches in Scotland and England, and notes the factors considered by the Scottish courts during enforcement. The Practice Note does not address the legal position outwith Scotland, other than short commentary on the difference in the English and Scottish court’s approach to enforcing keep open clauses. Accordingly, it does not cover drafting issues for English solicitors or the English common law. User restrictions and matters relating to change of use provisions are likewise excluded.
Keep open clauses-the basics
Common law position
Under Scottish common law, tenants are required to take possession and, at the outset, to use and occupy the leased subjects. At common law there is no obligation...
Property
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