Commercial Lease Solicitors
We act for both tenants and landlords on all aspects of commercial leasing in Scotland. Commercial leases are negotiable contracts with no automatic statutory protections - the terms you agree to at the outset will govern your obligations, often for five, ten, or fifteen years.
Take on the right lease, on the right terms
If you're a business looking for commercial premises - your first shop, a restaurant, an office, or an industrial unit - the lease is the most important document you'll sign. We review the proposed terms, explain what you're committing to in plain English, and negotiate amendments where terms are unreasonable. We pay particular attention to:
Repair obligations
Especially FRI leases where the full cost of maintenance falls on you.
Break options
How and when to exercise them correctly.
Restrictions on use, alterations, signage
What you can and cannot do with the premises.
Rent review mechanisms
How the rent can change over the term.
End-of-lease obligations
Dilapidations exposure when the lease ends.
Protect the investment - and the income stream
We draft the lease to protect your investment: tenant repair and insurance obligations properly defined, rent review mechanism that works in your favour, assignation provisions that give you control over who occupies your property, and effective remedies if the tenant defaults. Where a prospective tenant has limited trading history, we advise on personal guarantees and rent deposit arrangements to manage your risk. We also process assignation requests from existing tenants - advising on whether and on what conditions to consent.
Through the life of the lease
Whether you're a tenant approaching a break date or lease expiry, or a landlord looking to review the rent or vary the terms, we can advise. We handle lease extensions, rent review negotiations, lease variations, and the service of notices - ensuring critical deadlines are not missed and your position is protected.
From shops to warehouses
LBTT on commercial leases
Commercial leases in Scotland attract Land and Buildings Transaction Tax. An LBTT return must be filed with Revenue Scotland at commencement, every three years during the lease, on assignation, and at termination. Late filing attracts penalties. We handle the LBTT returns as part of our lease work - but detailed tax planning is a matter for your accountant.
Ready to get started?
Tell us a little about your matter and we'll provide a clear next step. No obligation.