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ARTICLE · 27 OCTOBER 2023

Tacit Relocation – A Quick Guide

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

Shepherd and Wedderburn

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Did you know that in Scotland commercial leases generally do not end automatically on expiry of the contractual term? Further beware that for leases on sites larger than two acres, different rules apply.

United KingdomReal Estate and Construction

Did you know that in Scotland commercial leases generally do not end automatically on expiry of the contractual term? Further beware that for leases on sites larger than two acres, different rules apply.

Tacit relocation is typically built into every commercial property contract in Scotland – but many with signed commercial lease agreements are unaware of this automatically in-built law.

As it can lead to significant financial fall out, it's important to know if and how tacit relocation can impact you.

General rules relating to tacit relocation in Scottish law

  • In Scotland, generally speaking, the legal position on commercial leases is that they will not come to an end automatically on expiry of the contractual term. They will instead continue for a further time period, dependant on the length of the original lease, unless one of the parties to the lease serves notice that it is to end.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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