Commercial Leases, 2nd edition

The focus of the second edition of this book remains on issues that arise in the adjustment and negotiation of occupational leases of commercial property in Scotland. There have been a number of developments since the first edition was published in 2002 most notably the move towards more balanced documentation. That is a good thing.

The authors have produced an easy to read text which has a good mix of background law, both common law and statutory, fused with what you need to know when dealing with a commercial lease. There is a useful commentary on the Lease Code for England and Wales and a review of the RICS Code of Practice on Service Charges with a focus on the Scottish edition which was introduced on 11 September 2007. See Chapter 6.

Para 2.44 gives a useful reminder about the need for Asbestos Audits and paras 2.35/2.36 deal with the potential problem of back letters. Perhaps more could have been said about the issues surrounding enforceability against singular successors of the landlord however. Green issues are also dealt with in various places eg. paras 2.60, 6.40 – 6.42, 9.47 and 10.11.

As I said in my review of the first edition of this book, it is a pity that more is not said about the Tenancy of Shops legislation and its operation in practice – see para 11.24.

Chapter 8 (rent review) has been expanded which reflects the growing body of case law since 2002. Perhaps there could have been more reference to relevant articles however. I was also surprised not to see a reference to the Arbitration (Scotland) Act 2010 in para 8.61 – the only reference to the statute being in para 2.59.

The authors commentary on rescission in para 11.29 is a useful addition to the text.

Overall, this is a useful book for practitioners and students alike. It is not a detailed treatise on the Scots law of landlord and tenant but this was never the intention. I am pleased to see that the second edition has been produced. It will be of particular assistance to solicitors who are new to commercial leasing and who wonders what to do when one lands on his/her desk.