Scotland

Rent review and lease renewal surveyor — Glasgow

Scotland is a different legal system, and the biggest trap for occupiers used to England is assuming security of tenure. There is no Scottish equivalent of the 1954 Act for most commercial leases, so the notice regime — not statutory renewal rights — decides what happens at expiry.

Written by Chris McGarrigle MRICS · Tenant side only

The law that applies here

Scottish commercial leases are not covered by the Landlord and Tenant Act 1954. At expiry a lease continues automatically by tacit relocation unless a valid notice to quit or notice of intention to remove is served within the required period, usually at least 40 clear days before the ish date for leases of four months or more. Missing that notice can extend the lease by a further year. Irritancy, rather than forfeiture, governs termination for breach.

Local market context

Buchanan Street remains Scotland's strongest retail pitch, with Argyle Street and Sauchiehall Street trading well below it — a distinction landlords routinely blur when quoting evidence.

Glasgow's leisure market is licence and trade driven, and licensed premises rents follow a profits-based approach rather than zoning.

Scottish dilapidations practice differs: there is no statutory Section 18(1) cap, so the common law measure of loss and the terms of the lease do more of the work.

Pitches and markets covered

  • Buchanan Street, Argyle Street and Sauchiehall Street
  • Buchanan Galleries, St Enoch Centre and Princes Square
  • Merchant City and Finnieston leisure
  • Scottish city and town centres — Edinburgh, Aberdeen, Dundee

Specialist advice for Glasgow tenants

The detail of each subject sits on its own page: commercial rent reviews, lease renewals and commercial dilapidations, the landlord's Section 25 notice and the tenant's Section 26 request. This page covers what is specific to the Glasgow market.

Common questions

Do I have security of tenure in Scotland?

Generally no. Most Scottish commercial leases end at the ish date provided proper notice is given. Where no notice is served, tacit relocation continues the lease on the same terms, usually for a further year.

Are dilapidations claims handled the same way in Scotland?

No. The Section 18(1) statutory cap does not apply. Claims are assessed on the lease terms and the common law measure of loss, which makes early evidence on the landlord's actual intentions for the property especially valuable.

Relevant guides

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