Your lease agreement may include an „interruption clause“ giving you the right to terminate the lease at certain times called „breakpoints“. An interruption clause allows you to terminate the lease, so you won`t have to pay rent after the stopping point. However, you still have to pay all the arrears you have accumulated before the breakpoint. If the lease is thus renewed, the extended period is considered a new lease. This means that if the owner wishes to withdraw you at the end of the extended period, he must issue another termination. However, you can request new extensions at the end of each rental period. To terminate the rental agreement, a written termination must be served either on the landlord or the tenant. If such communication is not made, the doctrine of tacit relocation may come into force – this implies that both parties have agreed to the renewal of the lease. Leases with a term of more than one year continue from year to year, with the same terms of the original lease, until the necessary termination is served.
If the rental contract is valid for a period of less than one year, the tacit withdrawal is made for the same period. 12. In the absence of contractual provisions to the contrary, the tenant is not entitled to the replacement of improvements during the rental. Such a provision is very rare and any right to such compensation is normally explicitly excluded. A commercial lease usually deals with the following: Check that you have to pay LBTT for your commercial lease. If so, you must also send a return to Revenue Scotland: if your initial lease lasted less than a year, it will be continued for the same period. If you ask the court to renew your lease, the court is not obliged to grant your application. The sheriff may deny your request if he or she feels it would be appropriate due to all the circumstances. Regardless of the type of business, you speak to one of Claphams` commercial real estate lawyers for expert advice on all matters relating to commercial leases. If you rent a store and these circumstances are correct, the sheriff has the power to extend the lease for up to one year under conditions he deems appropriate. If you are having trouble paying the rent at your business premises, contact your landlord as soon as possible.
Try to make a deal that you can afford to pay your current rent and any missed payments. If you have fallen behind in your rents, this usually involves the payment of your current rent, plus an amount for arrears. As a general rule, you should treat business rent arrears as a priority debt. This is because your landlord could take steps to terminate your lease if you don`t make an agreement with which they agree. The problem with oral leases is that they can be difficult to implement. In the event of a dispute, a court should hear evidence and decide who will accept the version of the story. In the case of a written agreement, the courts are usually required to abide by the terms of the written agreement, even if the courts do not like it. .