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Miller Samuel Hill Brown Solicitors Blog

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.

Can I get out of a commercial lease early?

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COVID-19 has had a significant impact on almost every business in Scotland. For many businesses, it means they no longer require their business premises or can no longer afford them. There are of course many other reasons, not directly related to COVID-19, that you, as a commercial tenant may wish to exit a commercial lease. Perhaps operations have downsized or expanded and the place is no longer fit for purpose, or business needs demand a change of location. Regardless of the circumstances, if you need to get out of a commercial lease early, there are options which may be available to you.

The rule of 14 – irritating a commercial lease for non-payment of rent

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For many businesses and sectors, 30 September 2020 was supposed to be the end date of the plethora of legislative changes brought into force by the Coronavirus (Scotland) Act 2020. Whilst many of us remained optimistic that section 12 of the Act - that section which provides for the possible extension to the expiry date of the Act from 30 September 2020 to 31 March 2021 - would never come to pass, that optimism has now been quelled as a result of secondary legislation, The Coronavirus (Scotland) Acts (Amendment of Expiry Dates) Regulations 2020, which does indeed extend the expiry of the 2020 Act from 30 September 2020 to 31 March 2021.

Retail tenants should check the small print

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As a fresh wave of lockdown measures cut across the UK, retail tenants may be experiencing new concerns about how to pay the rent, but another ticking timebomb is the viability of their landlords. 

Making Use of the Scottish Government’s GP Sustainability Loan Scheme

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Background

In recent years the Scottish Government has observed that GPs are being discouraged from joining GP partnerships, in large part due to the various liabilities associated with owning and operating GP premises.  In November 2017, the Scottish Government attempted to address the issue by publishing a new “Code of Practice for GP Premises”.