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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 3 December 2025
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Displaying 1562 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I ask Michael Paparakis to comment on that.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I have not seen any data on those specific figures.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Communication between landlord and tenant is vital, especially when it comes to serving notice and bringing the lease to an end, and sections 27 and 28 will resolve the issues with that.

The committee has heard from the Federation of Small Businesses that, in general, it is common for tenants to have problems in getting in touch with their landlord, and not just in the context of serving a document. I understand that some respondents consider that withholding rent because of a failure to provide a UK address is disproportionate, but a majority of consultees who responded to the SLC consultation on the issue were content with the remedy.

Retention of rent is not the sole remedy for the tenant and, of course, it is open to tenants not to exercise the remedy at all or even to retain only a small proportion of the rent. I also point out that the bill sets out a wide range of circumstances in which the remedy cannot be applied. For example, it cannot be applied if a UK postal address for the party is included in the lease or in certain documents that are registered in the land register or recorded in the register of sasines, where the other party to the lease has been given a copy of the document. Further, the provision does not apply to a body corporate or other legal person with a registered office in the UK, and it does not apply where the duration of the lease is less than a year.

That is similar to the statutory provision for residential leases in England and Wales in section 48(1) of the Landlord and Tenant Act 1987, which addresses the difficulties that residential tenants have when they do not have UK postal addresses for their landlord. I think that the provision will come into force for a very small minority of people who do not have a UK address.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

From my understanding, when the Scottish Law Commission drafted the bill, its intention was to make the legislation more accessible, but also to modernise it. I think that someone said that you could google the terminology to find out what it means, but should you need to google a Latin word in 2025?

That is my understanding of the issue. Lori Pidgeon or Michael Paparakis might have further input.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

At this stage, yes.

Do you want to add anything, Michael?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I know that a few suggestions have been made to the committee. I will have to go away and consider them with my officials before I comment on any of them.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes, I know. My advisers have advised that they do not feel that that will be the case, but, if something is flagged up, we will consider it.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

We touched on that earlier—the codification in the bill brings all the different parts together to make it more accessible to tenants and landlords. It is all in one place. Michael, do you want to add any more?

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

My view is that the law in that area needs reform.

Different views have been given about what the Rockford Trilogy case involved. Some legal professionals have welcomed the decision, whereas others have not. For some, the decision brings certainty but, for others, it means that the negotiations between the tenant and the landlord at the end of the lease are fraught with difficulties and uncertainties. The committee heard from Steven Blane that the Rockford Trilogy case had added complexity to parties’ negotiations when a lease is coming to an end. The provisions in the bill on giving clear and certain notice in those situations should, in my view, be preferred.

Your original question whether the law needs to be reformed has come up several times in the committee’s evidence sessions. I have seen the responses of some of the legal practitioners and academics to the committee’s calls for views who have said that reform is not needed because the law is well known and works in practice. However, the committee has also heard from representatives of tenants and landlords who say that reform is welcome. The Federation of Small Businesses Scotland told the committee that small businesses welcomed the bill’s

“attempt to modernise ... the legislation”—[Official Report, Delegated Powers and Law Reform Committee, 6 May 2025; c 25.]

on the termination of commercial leases. The Scottish Property Federation also welcomed the bill and supports bringing together in one place various pieces of common law and statute. The Scottish Law Commission said that, as far back as 2010, it

“was approached by practitioners and solicitors in the commercial leasing area who indicated that the law should be reformed as it was uncertain and was acting as a deterrent to commercial property investment.”—[Official Report, Delegated Powers and Law Reform Committee, 29 April 2025; c 5.]

Taking those together, the law of termination of commercial leases needs reform. As it stands, the bill will deliver that, but, as I have said previously, I am happy to work with the committee on it.