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From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.
Rent Reviews – What Do They Mean for Landlords and Tenants?
Miller Samuel Hill Brown
Commercial Property
In commercial leasing, rent review clauses can make or break a good outcome for both a tenant and landlord. The rent review clause is a provision which provides the landlord with an opportunity to review the amount of rent payable by the tenant durin...
Purchasing Commercial Property at Auction – Is the Risk Worth the Reward?
Becca King
Commercial Property
Purchasing commercial property at auction (as opposed to the open market) can seem like an enticing opportunity and an effective way to secure a good deal, fast. With this acknowledged, auction purchases do not come without their risks, and it is vit...
Office To Accommodation: Is Converting Dormant Office Space for Residential Use the Way to Rejuvenate Town & City Centres?
Becca King
Commercial Property
As we are all aware, the COVID-19 Pandemic triggered a dramatic shift away from traditional office-based working culture. Many had thought (and some had hoped) that once the Pandemic had subsided that "normality" would resume, with a large portion of...
Increasing Demands from Landlords for Greater Protections: Rent Deposits and Personal Guarantees in Commercial Leases
Becca King
Commercial Property
As a result of the current economic and commercial landscape in Scotland, and the UK as a whole, commercial landlords are beginning to demonstrate a growing appetite for strengthened protections when entering into new commercial leases. In order to p
Beware of Business Rates
Amy Emmerson
Commercial Property
Business rates – or non-domestic rates as they are also known – are a tax levied on shops, bars, restaurants, offices and other commercial properties to pay towards Local Council services such as education, social care and waste management, to name a
Tacit Relocation: A Guide to Understanding its Implications in Practice
Miller Samuel Hill Brown
Commercial Property
What is Tacit Relocation? The principle of Tacit Relocation is asserting that commercial leases do not automatically conclude at their expiration date.The Lease can only be brought to an end by either party by serving notice to quit By not serving no
The Migration ‘Out of Town’ and Changing Workspaces
Gillian Irving
Commercial Property
  The move to flexible working borne out the Covid pandemic has brought about a seismic shift in the way both businesses and employees view workspaces. According to the Guardian, more than half of businesses have evolved by establishing offices and o
Minimum Energy Efficiency Standards for Commercial Property
Miller Samuel Hill Brown
Commercial Property
What is an Energy Performance Certificate? An Energy Performance Certificate (EPC) is used to measure the efficiency of a building. Energy Assessors are responsible for producing the certificates, which remain valid for a period of 10 years. EPCs mus
Lease or Licence to Occupy – What are the Differences and Advantages / Disadvantages?
Miller Samuel Hill Brown
Commercial Property
  There are two options available to those wishing to take legal occupation of a commercial property: a commercial lease; ora licence to occupy. A lease and a licence to occupy are legally-binding agreements between an owner and an occupier that
Public right of way claims - what are they, and can they be prevented?
Miller Samuel Hill Brown
Litigation
As a landowner, you may have heard of the term ‘public right of way’ and wondered what it means. A public right of way is an area of land that is open to the public for passage, such as a path or roadway. In some cases, this right of way may be established through legal means, which can be complicated and frustrating for property owners. In this article, we will discuss what public right-of-way claims are and how to prevent them.
Break Clauses in Leases - What do they do?
Miller Samuel Hill Brown
Commercial Property
In leases, break clauses serve as crucial provisions that provide flexibility for both landlords and tenants. These clauses allow either party to terminate the lease before the expiration of the fixed term, subject to certain conditions and notice requirements.
Termination of Leases in Scotland - The Current Law & Potential Reforms
Miller Samuel Hill Brown
Commercial Property
The termination of leases in Scotland has been the subject of some discussion and, at times, can cause confusion, specifically the common law doctrine of Tacit Relocation. Tacit Relocation means that a lease will be automatically extended beyond its natural expiry or end date when the appropriate termination notice or notice to quit has not been served by either party.