Retail, Hospitality, and Beauty Businesses: Ending the Lease

To-day the Scottish Law Commission has published a Discussion Paper on the Tenancy of Shops (Scotland) Act 1949.

The Paper focusses on the law that applies when leases to retail, food and drink hospitality,  or hair and beauty businesses, expire. It is also relevant for wholesale units and warehouses. While the 1949 Act gives most tenants of such leases a limited right to seek renewal of the lease, it is seen as outdated and ineffective. The Paper puts forward options for change.

Thousands of businesses large or small will be affected, as will property investors. The Commission invites everyone with an interest to have their say on the proposals raised in the Discussion Paper. Comments can be made to us up to 31 July 2024. 

A news release, Executive Summary and the Discussion Paper itself together with other related documents are available on our current consultations page.  Our project webpage has further information.  

We will be holding webinars for our lead Commissioner David Bartos to discuss the proposals on:

• Thursday 23 May 2024, 5.30pm - Introductory webinar
• Thursday 20 June 2024, 12.45pm - Introductory webinar

We welcome anyone who might have an interest to attend. For registration please click on the date in question.

Update:

Videos on the proposals can now be seen here:

• A YouTube video (13 minutes), in which the Lead Commissioner summarises the key points
• A longer webinar (36 minutes), in which the Lead Commissioner discusses the background and options in more detail.