Jurisdiction(s):
United Kingdom

Key definition

Lease definition

What does Lease mean? In practice, a lease is an agreement by which a landlord grants a tenant exclusive possession of land or premises for a period, usually for rent. It creates the landlord–tenant relationship and a proprietary estate/right, unlike a licence. Across England & Wales and Northern Ireland, the test (Street v Mountford) centres on exclusive possession and a term certain; rent is not essential. Leases over three years generally require a deed; longer terms are registrable (in E&W, over seven years). Business tenancies may attract statutory security of tenure (E&W: Landlord and Tenant Act 1954; NI: Business Tenancies...

Commercial lease insurance in Scotland: drafting and risk allocation for insured/uninsured risks, reinstatement, rent and service charge abatement, termination rights, joint insurance and subrogation waivers

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Practice notes

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This Practice Note

This Practice Note outlines the Common law position and explores standard drafting practices in Scottish commercial Leases, addressing landlord and tenant duties connected to insurance, insured and uninsured risks, reinstatement, rent suspension, and the circumstances in which termination may arise where the premises have been damaged or destroyed during the term. Where a lease is silent on repairing obligations, the landlord must put right any want of repair within a reasonable time after the tenant has notified the landlord of the requirement; refer to Practice Notes: Repair clauses in commercial leases in Scotland—Repair under the common law and Repair and dilapidation disputes—commercial leases in Scotland and Repair: Stair Memorial Encyclopaedia [501]. If the subjects are destroyed, or so damaged as to be unsuitable for use and occupation, the lease is terminated by the rule of rei interitus. It is usual for leases to contract out of that rule, stating that the lease will continue in force if the premises are damaged or destroyed by any cause; see Practice Note: Repair clauses in commercial leases in Scotland—Rei interitus and insurance and Rei interitus or frustration of the contract: Stair Memorial Encyclopaedia [504]. In Scotland, it is usual for commercial leases...

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Kenneth S Gerber

Mitchells Roberton

Ken joined Mitchells Roberton in 2019. He was previously a partner for 12 years at Anderson Strathern, and before that he was a partner at Kidstons.Ken handles landlord and tenant law, site assembly, property development, property financing, property purchase and sale and the property aspects of corporate transactions.He is accredited by the Law Society of Scotland as a specialist in commercial leasing law. He regularly speaks on a range of commercial property subjects at conferences for MBL Seminars, as well as for other providers, and has presented online lectures for The Law Society of Scotland and University of Glasgow. Kenneth wrote the course on commercial conveyancing for the postgraduate Law Diploma at Glasgow University, and is senior tutor on that course. He also regularly provides specialist legal opinions to other firms on commercial lease matters....

Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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