Commercial lease

[Bazman76]

Hi there,

In a commercial lease under Scot's law:

What is the shortest period, after which you can evict a tenant for non payment of rent?
What is the shortest period, after which you can evict a tenant for any other breach of the lease?

Thanks

Baz

[echat11]

Read under 'Irritancy', posted for information only -

https://www.rocketlawyer.com/gb/en/p...ded%20delivery.

[Bazman76]

I am drawing up a commercial lease under Scot's law, up, so I just want to know what how much notice is required to evict a tenant for non payment of rent as well as the notice required to evict them for any other breaches of the lease.

https://www.rocketlawyer.com/gb/en/p...ded%20delivery.

'Irritancy' rules indicate that the tenant must be in 2y of rent arrears before the tenant can be evicted which seems to be an incredibly long time!
Is there really no quicker way to remove them for non payment of rent?

What are the notice periods for eviction for any other breaches on the lease?

[Bazman76]

Hi there,

Having read round it, under common law a landlord in Scotland, can not terminate ('irritate') a commercial lease until the tenant is in 2 years of rent arrears.

This problem can be solved by having an 'irritancy' clause which sets out the criteria for the lease to irritated.

However the template Scot's law leases below don't have irritancy clauses, they simply specify what the rent is and that the tenant should pay it, would this suffice as an irritancy clause?

https://www.wonder.legal/uk/creation...lease-scotland

https://www.lawdepot.co.uk/how-it-works/

Or do I need to add a specific 'irritancy' clause as per section 7.1 of the draft lease below:

https://www.scottishfuturestrust.org...template-lease

Thanks Baz