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At the end of a commercial lease the repairing obligations of Landlord and Tenant are often scrutinised with great care. 20 years ago lawyers and property owners in Scotland, who had been accustomed to leases which placed limited obligations on the tenant, tended to take a relaxed view but the Full Repairing leases which had been developed in England had spread to Scotland some 25 years or so previously and these leases began to come to full term. Nowadays the FRI lease is universal in Scotland and Dilapidations claims are a regular occurrence. Tenants are often taken aback at the severity of the obligation that they have entered into.
In Scotland much of the statutory protection that applies to tenants in England does not exist. Landlords and tenants from England often find themselves out of their depth.
After many years in which very little legal precedent or guidance was available to practitioners in Scotland, the situation has begun to change. At GLM we have been following developments in the law and practice relating to Dilapidation claims with interest and we regularly act for landlords and tenants both of whom have much to gain from being represented by a clued up building surveyor.
As well as Schedules of Dilapidation we also undertake Schedules of Condition which, if incorporated into a lease at the start, can make it possible for the parties to agree that the tenant will be required to hand over the property at the end of the lease in no better a condition than it was at the beginning.
For more information contact Ian McKee |
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44 (0)131 225 4235
