Lease Drafting

If you are about to enter into a commercial leasehold, you need to take care when drafting the terms of the contract, or you could encounter difficulties in the future. The safest option is to ask a solicitor for assistance during the drafting stages, as not only can they use their legal knowledge to create a fair and balanced agreement, but they can apply a professional eye to pinpoint any potential problems.

The Importance of Lease Drafting

When drafting a lease, it is crucial you get it right first time. This is because in Scotland, leases for commercial property are considered a matter of contract, within which all the conditions are stipulated. This means you cannot rely upon the law for protection, as there a few examples whereby either landlord or tenant is bestowed statutory rights. Indeed, there is no Scottish equivalent to the Landlord and Tenant Act 1954, a piece of legislation enforced in England and Wales which amongst other things offers a tenant ‘security of tenure.’

Put simply, the terms of the lease will determine all rights, obligations and other agreements (such as lease termination). This is then legally binding, so if there is a dispute, the court will refer to the terms of the lease rather than the Acts of law.

Even so, common law will apply if a lease is silent upon a certain issue. For example, if the lease has been poorly drafted, it may be unclear as to what should happen in the event of damage or destruction to the property. In such a case, common law will state the tenant is entitled to an abatement of rent. However, if a lease is well-worded and professionally drafted, clauses will be included to cover every foreseeable matter, effectively excluding the need to common law to be used.

Lease Drafting – Why Ask A Professional?

Due to the very nature of commercial leases – in that they hold all the relevant terms – it is of the utmost important to have a well-drafted contract. Otherwise you may sign the agreement, which is then legally binding, only to discover you have consented to a lease that is wholly unfavourable towards you.

Whether you are a landlord or a tenant, you can avoid facing future complications by asking a solicitor to help you draft the lease. There are endless intricacies and legal technicalities that must included within such a contract, so having a legal expert on hand to explain and review each clause will ensure you do not fall victim to any pitfalls.

Contact Edinburgh Solicitors Today

If you would like assistance in drafting a lease, contact the team at McKay Norwell. You will be able to discuss your legal matter with a solicitor who specialises in commercial leaseholds, meaning can be assured of top quality advice.

Simply call us for a free assessment immediately on 0131 222 8000 or complete the enquiry form on the right of this page and we will be delighted to help you.