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This Flowchart This Flowchart outlines the criteria that must be met for the court to determine that a transaction amounts to a preference and award relief...
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...
This Practice Note explains the legal framework governing rent and rent review clauses in Scottish commercial leases. For disputed elements of rent and rent review, see Practice Notes: Rent arrears in commercial leases—recovering—Scotland and Commercial property rent review disputes—Scotland. Rent At common law, one essential requirement for a lease is the obligation to pay rent, even if only a token sum. Rent is typically due quarterly in advance on the Scottish quarter days; however, it is also frequent for leases where the landlord is an English property company or pension fund to specify payment on the English quarter days (see below) to maintain uniformity across the landlord's portfolio. After the 2008 recession, retail tenants increasingly sought to pay rent monthly in advance, and many landlords have been willing to consent to this. Such arrangements are generally personal to the original tenant and are recorded by a back letter; see Practice Note: Back letters to commercial leases in Scotland. The new Scottish quarter days are: Candlemas,...
January 2022 Date Event 4 January 2022 The National Security and Investment Act 2021 comes fully into effect, together with its accompanying regulations: National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021, SI 2021/1262; National Security and Investment Act 2021 (Procedure for Service) Regulations 2021, SI 2021/1267; and National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021, SI 2021/1264. See the Government press release and the Practice Note: FAQs for insolvency professionals on the National Security and Investment Act 2021. 12 January 2022 The Prudential Regulation Authority (PRA) issues policy statement PS1/22, responding to consultation paper CP16/21 and setting out the updated statement of policy on the PRA’s approach to insurance business transfers. This PS applies to PRA‑authorised insurers, including the Society of Lloyd’s and its managing agents, and is also relevant to mutuals and friendly societies. See: LNB News 12/01/2022 64. 26...
Executive summary of material issues We highlight the following matters: [ insert material issue or area of concern ]; [ insert material issue or area of concern ] 1 Particulars 1.1 Date and parties A lease dated [ insert date of lease ] between [ insert details of the original parties to the lease ] [ (the ‘Lease’); OR as varied by [ insert document name ] (the ‘Lease’) [ . The deed altered the Lease as follows: [ insert details of provisions varied ] ] ] . 1.2 Back letters [ [ None disclosed. ] OR The Tenant has the benefit of a back letter dated [ insert date and details of the terms of the side letter ]. ] [ You will be bound by the terms of the back letter. OR The back letter is personal to the Seller and you will not be bound by it following completion (unless you continue to act in...