Commercial lease (Scotland) nine months notice clause?
Commercial lease (Scotland) nine months notice clause?
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Jer_1974

Original Poster:

1,643 posts

224 months

Wednesday 9th September 2015
quotequote all
I lease a shop premises in a parade of shops which we have run for ten years. We negotiated a fifteen year lease with five year beak clauses in our favour when we signed the lease ten years ago.
I was taking with one of the other tenants today who told me he has renewed his lease but was only offered a five year lease with a nine month notice clause from both parties.
Looking forward, if I was to renew in five years and only be offered a five year lease with nine month break clause it would make it very difficult to renew equipment. It would also mean it would be very difficult to sell the business as the landlord could pull the lease potentially making the business worthless.
What rights do we have as tenants? Surely they can't just serve notice without good cause. The plan was to sell in ten years and do something less stressful for a few years. Think my best option could be to look at buying a new unit close by or building with a view of decanting over the next few years.
Other tenant says the told him nine month break clause was common practice now? Any help much appreciated.