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DILAPIDATIONS SHOULD REFLECT LANDLORDS’ ACTUAL LOSS

DILAPIDATIONS SHOULD REFLECT LANDLORDS’ ACTUAL LOSSPosted on Nov 27, 2014 by Jane Ramsay  | Tags: dilapidations, property law, landlord rights, tenant rights  | 0 CommentsA landlord’s ability to recover a dilapidations payment from a tenant for repairs it may never actually carry out, has come under scrutiny by the Scottish Courts.A recent decision by Lord Tyre in the Outer House of the Court of Session (@Sipp (Pension Trustees) v Insight Travel Services Limited ][2014] CSOH 137) has ruled that where a tenant failed to return the premises in the condition specified in the lease, the landlord was not entitled to receive...
  987 Hits
987 Hits

LBTT Rates Announced

LBTT Rates AnnouncedPosted on Oct 21, 2014 by Helen McGrath  | Tags: land and buildings transaction tax, stamp duty land tax, residential property, STDL, LBTT  | 0 CommentsOn 9th October, the Scottish Government finally announced the rates and thresholds which they propose be applied to the Land and Buildings Transaction Tax (LBTT) which is to replace Stamp Duty Land Tax (SDLT) in Scotland from 1st April 2015.As discussed in my previous blog on LBTT, unlike SDLT which applies a single rate of tax to the whole of the consideration being paid (which rate is determined by the amount of the consideration), LBTT is...
  951 Hits
951 Hits

“To break or not to break…?”

“To break or not to break…?”Posted on Sep 18, 2014 by Jane Ramsay  | Tags: leasehold, property law, real estate, break option, break clause, tenants, tenant rights  | 0 CommentsThe Scottish Referendum has made many tenants reconsider their leasehold commitments and check the provisions of any break option that their lease may contain.The wording of the break clause – (just like the questions on the ballot paper) is crucial in determining whether or not the break can actually be exercised.A recent Court of Session decision in the case of Arlington Business Parks GP Limited v Scottish and Newcastle Limited considers whether the notices...
  921 Hits
921 Hits

Telecoms Tenants- Lease at an end but no end in sight

Telecoms Tenants- Lease at an end but no end in sightPosted on Sep 09, 2014 by Helen McGrath  | Tags: commercial property, telecoms tenant, electronic communications code, telecommunications act  | 0 CommentsThe chance to earn some easy money may entice many owners to enter into leases to allow telecoms operators to place equipment on their land or buildings, but the effect of legislation in the background may mean that the short term arrangement they thought they were entering into may not be as easy to walk away from as they believed.The Electronic Communications Code is contained in Schedule 2 of the...
  891 Hits
891 Hits

“Are you in danger of losing your rights?”

“Are you in danger of losing your rights?”Posted on Jun 19, 2014 by Helen McGrath  | Tags: Title Condition (Scotland) Act 2003, implied burdens, preservation notice, property law  | 0 CommentsThe abolition of the feudal system in 2000 and subsequent Title Conditions (Scotland ) Act 2003 introduced significant new rules regarding the creation of rights and obligations (burdens) over land.  From the time the 2003 Act came into force, all new burdens and servitudes would only be effective if they were registered against both the properties benefitting from and being burdened by them.The creation of new ‘implied’ burdens i.e. burdens and...
  1067 Hits
1067 Hits

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