Leases and licences

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...

FORTHCOMING CHANGE : On 27 October 2025, the Renters’ Rights Act 2025 obtained Royal Assent. For guidance on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Distinguishing between categories of private residential tenancy turns on the date the tenancy was created and the legislation then in force. This Practice Note surveys the principal forms of private residential tenancy in England and examines four categories: regulated tenancies under the Rent Act 1977 ( RA 1977) assured tenancies under the Housing Act 1988 ( HA 1988) assured shorthold tenancies under HA 1988 common law tenancies In Wales, most private residential tenancies are occupation contracts under the Renting Homes ( Wales) Act 2016 ( RH( W) A 2016), which commenced on 1 December 2022 and abolished various tenancy types, including assured and assured shorthold tenancies. Existing assured and assured shorthold tenancies were...

Pursuant to Part 2 of the Commonhold and Leasehold Reform Act 2002 ( CLRA 2002), holders of long leases of flats in predominantly residential buildings (subject to specified exceptions) are entitled to assume control of the building's management: regardless of any fault by the landlord with no obligation to pay compensation This right to manage may only be exercised through membership of a right to manage ( RTM) company. Qualifying premises Qualifying premises applies where the following conditions are met: they comprise a self-contained building or part of a building, with or without appurtenant property they contain two or more flats held by qualifying tenants, and the total number of flats held by qualifying tenants is at least two-thirds of the overall number of flats in the...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 gained Royal Assent on 27 October 2025. For guidance on how the Act affects residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Practice Note sets out the range of obligations on private sector landlords in England designed to enhance safety standards within private tenancies. It addresses the requirements of: Gas Safety ( Installation and Use) Regulations 1998, SI 1998/2451 (as amended by the Gas Safety ( Installation and Use) ( Amendment) Regulations 2018, SI 2018/139) ( GSR 1998) Smoke and Carbon Monoxide Alarm ( England) Regulations 2015, SI 2015/1693 (as amended by the Smoke and Carbon Monoxide Alarm ( Amendment) Regulations 2022, SI 2022/707) ( SCM 2015) Electrical Safety Standards in the Private Rented Sector ( England) Regulations 2020, SI 2020/312 ( ESS 2020) For wider material on fire safety,...

Practice Note This Practice Note sets out who may seek remediation orders and remediation contribution orders, explains the subject matter of such orders, identifies potential respondents, and outlines the steps to apply. The Building Safety Act 2022 ( BSA 2022) introduces provisions designed to shield certain leaseholders of ‘relevant buildings’ from bearing the expense of remedying specific historic building safety defects, while creating routes to recover those sums from persons who are landlords under leases of the building (or any part of it), pursuant to sections 116–124 and Schedule 8. As a consequence, in defined circumstances, landlords will be prevented from passing on, through the service charge, some or all of the costs they incur in addressing fire safety related defects to leaseholders via the service charge mechanism......

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

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 ...

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...