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Date: 20th May 2019

Time: 13:00 - 17:00

Law Society of Scotland
Atria One
144 Morrison Street

CPD Hours: 3.5

Book by 22 March to save 20% on the below prices with our Early Bird rate

3.5 hours verifiable CPD

Commercial lease plays a pivotal role in the context of Scotland’s economy, which has seen a steady increase in the number of transactions over the years. And yet, this area of commercial property has received very little statutory regulation, presenting landlords’ and tenants’ solicitors with major challenges and practical uncertainties in relation – in particular – to lease termination.

Come along to this seminar, where our expert speakers will guide you through the main aspects of commercial lease in Scotland and its comparison with English law, the practical issues that landlords and tenants inevitably face when bringing a lease to an end, and the implications of lease termination on the obligations of both parties.

Are you a solicitor specialising in this area of law? We offer specialist accreditation in a number of areas, including Commercial Leasing. Find out if you qualify see Specialist Accreditation.

At this seminar, you will:

  • Identify the key aspects to keep in mind when negotiating and drafting a lease
  • Learn about the main differences between Scottish and English law for commercial lease
  • Get tips on how to avoid potential risks and common errors when bringing a lease to an end
  • Gain complete understanding of the effect of lease termination on both parties’ obligations and liabilities
  • Ann Stewart, Property and Professional Development Adviser, Shepherd + Wedderburn, Chair
  • Stephanie Zak, Partner, Balfour + Manson
  • Hugo Allan, Partner, Thorntons Law LLP
  • Elaine N Brailsford, Partner, Commercial Disputes and Regulation, Shepherd and Wedderburn LLP
  • Amir M Ismail, Associate, Holmes Mackillop
  • Paul Kenneth, Managing Associate, Womble Bond Dickinson (UK) LLP
  • 13:00 - 13:20

    Registration and refreshments
  • Speaker
    Ann Stewart, Property and Professional Development Adviser, Shepherd + Wedderburn
  • 13:30 - 14:00

    The contract of lease: overview of legislation and requirements

    • The state of current legislation on commercial lease in Scotland
    • Drafting a contract: negotiations and practical considerations
    • LBTT: guidance and updates


    Amir graduated in 2005 and, upon completion of the Diploma in Legal Practice, he completed a 2 year specialised commercial property traineeship with a well-known Glasgow firm in 2008.  He has only ever worked in commercial property to this day and is experienced in all aspects of the sale and purchase of commercial property, including site acquisition, development, plot sales, investment properties, offices, shops and industrial units.  He also undertakes a large volume of commercial leasing, representing the interests of various landlords and tenants, with a view to securing a commercially viable agreement for his clients in each case.  Amir is also a tutor in both Residential and Commercial Property on the Diploma in Legal Practice at the University of Glasgow, which, alongside his 5-a-side football games, he considers to be his mid-week escape from the day-to-day challenges of professional practice.

    14:00 - 14:30

    Commercial lease in Scotland and England: what are the main differences?

    • Main differences, with particular focus on lease termination

    Hugo Allan, Partner, Thorntons Law LLP

    14:30 - 14:45

    Questions and discussion from session one

  • 14:45 - 15:05

    Refreshments and networking
  • 15:05 - 15:35

    Notice to quit and notice to break

    • Form, content, essential requirements: what landlords and tenants need to be aware of and the mistakes to avoid
    • Problems in practice, consequences and areas of reform: tacit relocation and apportionment of rent



    Stephanie is a Partner in the Commercial Department at Balfour+Manson with experience in various areas of commercial law, including banking and funds, regulatory compliance and now specialising in commercial property. Since qualifying in 2010 Stephanie has worked in private practice with firms such as Tods Murray and Burness Paull LLP and in-house with Lloyds Banking Group, Clydesdale Bank and Tesco Bank. Her focus is commercial property, in particular leasing, acquisitions, disposals and development work.

    15:35 - 16:05

    Irritancy and confusio

    • Monetary VS non-monetary breaches
    • How to avoid invalidity of irritancy
    • Alternatives to irritancy
    • Definition of ‘confusio’ and problems in practice

    Paul Kenneth

    Paul Kenneth is a Managing Associate at Womble Bond Dickinson, having joined the firm following the opening of its Edinburgh office in 2017. Paul acts for a number of national clients in the acquisition and disposal of commercial real estate and leasing of office and retail premises.  He also specialises in real estate finance and acts for UK and international lenders in secured lending transactions. More recently, Paul has worked alongside his restructuring and insolvency colleagues in England in advising clients on the Scottish aspects of national insolvencies. Paul has a Signet Accreditation in Commercial Property and has been awarded a Certificate of Proficiency in Insolvency by the Insolvency Practitioner’s Association.

  • 16:05 - 16:35

    Obligations of landlords and tenants upon termination of lease

    • Issues with repairs and dilapidation claims

    Elaine N Brailsford, Partner, Commercial Disputes and Regulation, Shepherd and Wedderburn LLP

    16:35 - 16:55

    Questions and discussion from session two and session three



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