Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 13 July 2025
Select which types of business to include


Select level of detail in results

Displaying 1472 contributions

|

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I am pleased that the responses to the SLC’s recommendation that a stage 2 amendment be lodged to give effect to its recommendation have been generally positive, and I welcome the scrutiny that the committee has done on the matter.

As members will be aware, the SLC’s recommendation that the 1949 act be repealed was made in February this year, which was two months after the bill had been introduced. The Federation of Small Businesses, which represents businesses that have the kind of tenancy that the act is meant to help, told the committee that it would be a little bit softer with regard to using the bill to repeal the 1949 act.

I am aware that the SLC has expressed its hope that the Scottish Government will take forward its recommendation by lodging an amendment to the bill. I will consider carefully the responses from stakeholders and, in particular, whether any other consequential amendments might need to be made to the bill. I will write to the committee ahead of the stage 1 debate to set out my views on the repeal of the 1949 act and the lodging of an amendment.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I understand that there has been a suggestion that tenants should be obliged to provide information about a heritable security to the landlord. There are potential difficulties with that in practice. For example, by the time the irritancy notice is required to be served, the heritable security could have been discharged or assigned. The Scottish Property Federation, when asked that question, told the committee that, although it might be helpful to be given notice, there are nonetheless ways in which the landlord could find out about security, which a prudent landlord would normally undertake before they serve notice.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Section 30 concerns the irritancy of leases and the landlord’s need to serve an irritancy notice on a tenant’s heritable creditor. Some stakeholders have criticised the provision, but I disagree and think that it is both workable and of wider public importance. The responsibility of landlords to search the registers will not place a disproportionate or undue burden on them. The committee has heard from the Scottish Property Federation, which represents landlords, that it has no issue with the requirement and that it is not much different from the reality of how leases work currently.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes—that has been brought up previously in evidence. It is an interesting proposal, and we are looking at how we can move forward on it.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

We can definitely consider that.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I might ask the legal team about that.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I will pass the question to Michael, to talk about the technicalities.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

My understanding is that codification will simplify things by bringing into legislation all the legal principles of tacit relocation. It is a technical legal question, which I will pass over to Michael Paparakis to expand on, given his expertise.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

As I said in my opening speech, the law of termination of leases needs reform because it is inaccessible, uncertain and outdated. The SLC considered the case for reform by consulting advisory groups, issuing a small discussion paper and engaging with the legal profession, landlords and small businesses.

The evidence that the committee has heard shows that legal professionals, the Faculty of Advocates and the Law Society of Scotland have all agreed that reform of some kind is needed. The Law Society, for instance, was clear that there is sufficient litigation and confusion in the area to justify reform for the advantage of tenants and landlords. In Scots law currently, commercial leases are principally agreed and governed by common law rules. When the law is not clear or readily accessible, that can result in unnecessary costs to the tenant and the landlord. Current legalities can cause difficulty for the landlord and the tenant, and resolving those can result in the expense of court proceedings. The bill is looking to simplify and improve that for the tenant and the landlord.

On the economic impact of the bill, I believe that it will have some economic benefit. Most businesses, whether they are small or large, from manufacturing through to professional services, retail, digital start-ups and the hospitality sector, operate to some extent out of let premises. Let premises make up 44 per cent of all non-domestic premises that pay rates, and the rateable value from those premises comes to £2.6 billion pounds. Making the law more certain and accessible can only benefit both tenants and landlords.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

The issue of adding a bit more flexibility between the tenant and the landlord has been raised by a few people. It is an interesting suggestion, which we could explore moving forward. I do not know whether there would be any legal or technical obstacles to that. Michael might want to comment on that.