Kirsty Gray
Kirsty is an Associate in DLA Piper’s Litigation and Regulatory group in Scotland, based in the firm’s Edinburgh office. She works across a wide range of subject areas including property and commercial disputes and regulatory work. She assists on Scots law and procedural matters, some of which have a cross-border or international dimension.
Practice Area
Panel
- Scottish Panel
Qualified Year
- 2021
Membership
- Law Society of Scotland
Qualifications
- Diploma in Professional Legal Practice (2019)
- Bachelor of Laws (LL.B.) Scots Law Honours (2018)
Education
- University of Glasgow (2019)
- University of Glasgow (2018)
1 Contributions by Kirsty Gray
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
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