Terminating Leases In Scotland

Unlike England where there is a statutory foundation in the form of the Landlord and Tenant Act 1954, in Scotland, leases are governed by common law. It means that those opting not to take proper legal advice can be caught out, by what is not in the Lease.

In the usual way a Lease will contain a start date and an end date. Notwithstanding the end date in the Lease, Notice to Quit must be given by one of the parties to the Lease. Failing to serve a Notice to Quit will automatically renew the Lease (subject to some exceptions such as seasonal lets, residential tenancies and agricultural holdings which have different rules) for a further year on the same terms and conditions as before, under the common law principal of tacit relocation (or silent re-letting).