FAQs

Frequently asked questions.

Plain answers about Scottish property law, our fixed-fee service, and what to expect from start to settlement.

First-time buyers

What is a Note of Interest?

A Note of Interest is simply an expression of interest in a property. We send it to the estate agent on your behalf. It does not commit you to buying — it just ensures you are kept informed of key developments, such as when a closing date is set. Think of it as a watch list.

What is a Closing Date?

A closing date is set when multiple buyers are interested in the same property. All interested parties submit their best offer by a fixed deadline, usually with no opportunity to revise. Offers are submitted blind — you do not know what others have offered — and the seller chooses the most attractive offer, which is not always the highest.

Can I offer before a closing date?

Yes. If there is no closing date yet, you can submit an offer straight away. Getting in early can secure the property before competition builds. We will handle the formal offer on your behalf.

Can I note interest in multiple properties?

Yes — you can note interest in as many properties as you like. However, you can only have one formal offer active at a time. If two closing dates fall close together, speak to us and we can advise on strategy.

Can I speak directly to the seller?

Yes — and sometimes this is a smart approach. If you meet the seller at a viewing, you can ask if they have a price in mind and potentially agree a figure directly. We then formalise the offer and handle all legal steps.

What is Loan-to-Value (LTV)?

LTV is the percentage of the Home Report value that a lender will lend you. For example, if the Home Report value is £100,000 and your LTV is 90%, the lender offers £90,000 and you provide a £10,000 deposit. If you offer above the Home Report value, the lender still bases the mortgage on the valuation — you must fund any difference from your own savings.

What if my mortgage is declined?

If your offer is submitted correctly with a 'subject to mortgage' condition, you can usually withdraw without financial penalty if the mortgage is declined. We ensure the appropriate protections are included in your offer from the start.

When should I apply for my mortgage?

Apply immediately after your offer is accepted. Contact your broker or lender the same day. A mortgage offer is typically issued within 2–3 weeks, which is essential for concluding missives on time.

I am receiving a gifted deposit — what is needed?

We must carry out Anti-Money Laundering (AML) checks on the person gifting funds. We will need their photo ID, proof of address, and evidence of the source of funds. Please let us know early so we can provide the full requirements and avoid delays.

Can you advise on what price to offer?

As solicitors we do not advise on offer amounts. You can base your decision on the Home Report valuation, recently sold prices, market demand in the area, and your personal budget.

Do unusual offer figures make a difference?

There is no reliable evidence that specific numbers consistently win bids. However, slightly unusual figures may help you stand out in a close race. If a figure has meaning to you, we are happy to submit it.

What is included with the property?

This is confirmed through the title deeds, which clarify what you own outright, what is shared (gardens, parking, access), and any rights or restrictions. The seller's solicitor will also advise what moveable items are included. If there are specific items you would like included as part of your offer, please inform us immediately.

Will I find out what other offers were?

No. Due to confidentiality you will not be told other offer amounts. You may be told your ranking (e.g. 2nd or 3rd). The final sale price becomes public later via Registers of Scotland.

How long does the process take?

A straightforward first-time purchase typically takes around 6 weeks from offer acceptance to settlement. This assumes the property is empty, there are no title or legal complications, and your mortgage is processed promptly.

Do I need to visit your office?

Not usually. We operate a flexible, mostly digital process. ID checks, all documentation, communication, and certain paperwork can be done remotely. In-person visits are only needed if ID verification cannot be completed remotely, or for documents requiring formal witnessing. We are always happy to meet in person if you prefer.

Pricing & fees

Do you really offer fixed-fee conveyancing?

Yes. Every quote includes our legal fee and the standard outlays (registration dues, LBTT submission, searches). If anything unusual comes up, we tell you before any extra cost is added.

How quickly can I get a quote?

Most quotes are sent the same working day. Send us a few details via the contact form and we'll come back with a full fixed-fee figure.

What costs are involved in buying a property?

The main costs are: our legal fee (fixed), outlays (Land Register fees, searches, etc.), and LBTT (Land and Buildings Transaction Tax). First-time buyers benefit from a higher nil-rate LBTT threshold. We provide a full, transparent breakdown before you proceed.

Buying & selling in Scotland

How long does a Scottish purchase take?

From offer to settlement, most residential purchases complete in 6 to 10 weeks, depending on mortgage timing and the seller's chain.

What are missives?

Missives are the binding letters between the buyer's and seller's solicitors that form the contract for a Scottish property sale or purchase.

Do you act for first-time buyers?

Absolutely. A large part of our work is first-time buyers across Glasgow's Southside, West End and surrounding areas.

Can I withdraw from a purchase?

You can withdraw before missives are concluded, but it should be for a valid reason and discussed with us first. Once missives are concluded you are legally committed to purchase. Withdrawal can result in serious financial consequences. If you have concerns at any stage, contact us immediately.

What is a Home Report?

In Scotland, most properties are marketed with a Home Report prepared by a qualified surveyor on behalf of the seller. It has three parts: a Single Survey (condition), an Energy Performance Certificate, and a Valuation. The valuation is the most important figure for mortgage purposes.

What is the difference between Offers Over and Home Report value?

Offers Over is the marketing price, often set below the Home Report value to attract interest. The Home Report value is the surveyor's independent valuation — this is what lenders base their offer on. Most properties sell above the Offers Over price. In competitive areas this can be 5–10% above the Home Report value, sometimes more.

Tenements & flats

Why do tenement sales sometimes take longer?

Tenements bring shared roofs, common stairs, factoring and shared repair responsibilities. We handle these details up front so they don't delay settlement.

Business & commercial

Can you negotiate a commercial lease for my business?

Yes. We negotiate heads of terms, draft and review leases, advise on rent reviews and handle assignations.

Do you act for landlords as well as tenants?

Yes, both. We act for property owners, investors, tenants and businesses across Scotland.

Commercial leases

What type of lease will I be signing?

Most commercial leases in Scotland are 'full insuring and repairing' leases (often called FRI leases). Once you are in as tenant, you are obliged to keep the premises in good physical condition and to trade legally and constantly throughout the lease. Repairs are your responsibility, and although the landlord arranges insurance for the building, you pay the premiums through the rent or a separate insurance charge.

Does this apply to a new lease, an assignation or a sublease?

Yes. The same core issues come up whether you are taking on a brand-new lease, an assignation of an existing lease, or a sublease. Each lease is different but the common themes — repairs, insurance, rates, dilapidations, guarantees and termination — almost always apply.

Who pays for the building insurance?

The landlord usually arranges the policy but you, as tenant, pay the premiums. You should either obtain a copy of the policy directly or ask us to get one for you. Check it carefully — the cover normally insures the building only, not your contents, and often excludes plate glass. You may need to speak to your own broker about additional cover.

Who is responsible for business rates?

The tenant is responsible for commercial rates, plus the cost of complying with any local authority repair notices served during the lease and most of the upkeep of the building and running of the business. Smaller premises may qualify for rates relief or exemption, but that is something you (not the landlord) must explore.

Should I get a survey before taking the premises?

Yes — we strongly recommend it. A survey helps you judge whether the rent and other costs being asked are fair, and highlights any actual or suspected defects. This matters because at the end of the lease you will be expected to leave the premises in 'good and tenantable condition'. Without a survey, the fact that the property was already in poor condition when you took it on usually will not help you.

What is a schedule of condition and do I need one?

A schedule of condition is typically a set of photographs (often with written notes) of every part of the premises at the start of the lease, signed by both parties and attached to the lease. Where one is in place, your repairing obligation is limited to returning the premises in no worse condition than shown in the schedule. It is one of the most valuable protections a commercial tenant can negotiate.

What is a schedule of dilapidations?

At the end of the lease the landlord will issue a schedule of dilapidations — a list of repairs they say you must carry out (or pay for). In practice the initial schedule is almost always severe and the costs inflated. Your best defence is to have agreed limits at the outset, supported by a surveyor's report and a schedule of condition. Without that, you risk being held to the lease wording and having to pay to bring the premises back to good tenantable order.

What are missives in a commercial lease?

Missives are the binding contract for the lease, made up of a formal written offer, a qualified acceptance and any further letters needed to agree all the clauses. You cannot take entry to the premises until missives are concluded. Sometimes the landlord issues the offer and the tenant's solicitor replies with the acceptance — either way, the principle is the same.

When am I actually committed to the lease?

Not when the first offer goes in. Once a written offer is issued (or received), neither side is bound yet — the landlord's solicitor still needs to issue a qualified acceptance, and we then negotiate any clauses you are not happy with. A binding contract only exists once every clause is agreed in writing. After that, neither party can walk away without the other's consent.

What ongoing responsibilities will I have as tenant?

Numerous statutory responsibilities transfer to you as occupier — including health and safety, employer duties (if you take on staff), asbestos management, fire safety and public liability insurance. We can ask the landlord to confirm there are no existing breaches, prosecutions or notices affecting the premises, but from the date of entry these obligations are yours. We are not health and safety, employment or technical building experts, so you may also need specialist advice.

Should the lease be in my personal name or in a company name?

Many clients prefer to use a limited company (new or existing) as the tenant rather than signing personally. As well as possible tax advantages, if the company is the tenant, legal liability sits with the company rather than with you personally — provided the company is run properly and solvently. There are several factors to weigh up, and we are happy to talk it through and help set up a company if appropriate.

Will I have to give a personal guarantee or rent deposit?

Often, yes. Most landlords will ask a director or shareholder for a personal guarantee for rent and the other lease obligations, and/or a rent deposit (typically several months' rent), especially where the tenant is a new or unproven company without substantial assets. The shorter the company's track record, the more security the landlord is likely to want.

What is tacit relocation?

Tacit relocation is a Scottish legal principle that automatically extends a lease if neither party serves a valid termination notice in time. If the original lease was for a year or more, it continues on the same terms (including the current rent) for a further year. Shorter leases continue for an equivalent period. It then rolls on from year to year until proper notice is served.

What notice do I need to give to end the lease?

For most commercial leases of premises over two acres (excluding agricultural leases): leases of 3 years or more need not less than 1 year and not more than 2 years' notice; leases of less than 3 years need not less than 6 months. We recommend a minimum of 28 days in all cases. Follow the lease's notice provisions carefully — the form of notice, who it is served on, and how the period is calculated (excluding both the service date and the termination date) all matter. If the lease specifies a longer period than the statutory minimum, use the longer one.

Will I have to pay LBTT on a commercial lease?

Possibly. Land and Buildings Transaction Tax (the Scottish equivalent of Stamp Duty) can apply to commercial leases based on the rent, any premium paid, and the length of the lease. Shorter leases with lower rents may fall below the threshold. We will advise on liability and submit the online return to Revenue Scotland on settlement. You can also estimate the tax using the Revenue Scotland LBTT lease calculator.

Do I need to do anything about LBTT after the lease starts?

Where an LBTT return is required, a further return must be made every three years, and again when the lease changes (for example a rent increase or an extension) or comes to an end. Missing a three-yearly return triggers an automatic penalty, even if no additional tax is due. Diary the anniversary date and either submit the return yourself or ask us to assist. Note: where VAT is charged on the rent, LBTT is calculated on the rent plus VAT — so you are taxed on the tax.

What is a rei interitus clause?

Rei interitus is Latin for 'extinction of the thing'. Many commercial leases include a rei interitus clause which, depending on the wording, can mean that if the property is destroyed during the lease, the tenant cannot treat the lease as ended and must continue paying rent and meeting the other obligations. Before signing, check whether the landlord's or tenant's insurance would cover this, and whether there is scope to negotiate the clause.

Can ClearFocus Legal guide me through the whole lease process?

Yes. We act for commercial tenants (and landlords) across Scotland — from heads of terms and missives through to settlement, three-yearly LBTT returns, rent reviews, assignations and end-of-lease dilapidations. If you are about to take on premises, talk to us early so we can build the right protections in from the start.

Dental practices

Do you handle NHS list transfer?

Yes. NHS list transfer, TUPE, lease assignation and full regulatory due diligence are core parts of our dental practice work.

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