Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Tacit relocation definition

What does Tacit relocation mean? Tacit relocation describes the implied continuation of a lease, or certain other continuing contracts, where neither party serves a valid notice to terminate by the required deadline. In Scots law (a doctrine developed in case law and operating alongside statutory notice-to-quit rules), the lease then renews automatically on the same terms, including rent and ancillary obligations: for one year if the original lease was for a year or more, or for the original period if it was for less than a year. Comparable continuation can occur for other fixed‑term contracts, such as partnerships, which typically roll forward from year to...

Tacit relocation in Scottish commercial leases: operation, notice periods, contracting out, subtenants, case law, and Tenancy of Shops (Scotland) Act protections; proposed reforms withdrawn

Published by a LexisNexis Property expert

Practice notes

In Scotland, under Common law, a Lease does not in fact end on the specified expiry date (ish) unless:

either party serves proper and timeous notice of termination
that notice is then implemented by subsequent conduct; and/or
the tenant, in a separate document, confirms the lease will terminate and that they will vacate on the stated date

Tacit relocation applies whether the lease was constituted:

formally
informally through circumstances engaging rei interventus, or
orally

See: Introduction: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [373].

Tacit relocation does not extend to seasonal leases where no notice to quit is required, eg seasonal sporting leases or leases for grazing or mowing. For further information, see: Leases affected: Stair Memorial Encyclopaedia [375].

Effect of tacit relocation

The principle of tacit relocation (silent re-letting) is that, where neither party gives notice of an intention to end the lease at its ish, they are taken to have agreed that the lease should continue. If notice is not delivered timeously, the lease renews at the same rent and on the same conditions, other than its duration. As to duration...

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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 22/05/2026

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