Leases (Automatic Continuation etc.) (Scotland) Bill
Overview
The Scottish Government introduced the Leases (Automatic Continuation etc.) (Scotland) Bill on 11 December 2024.
The Bill aims to modernise and clarify the law around how certain leases can continue automatically past their termination date, and other procedural elements related to ending leases. The Bill also sets out rules for how leases end.
Under this Bill, certain types of commercial lease would continue automatically after the date they would otherwise have ended (the “termination date”). To end the lease on its termination date, the landlord and tenant must both agree that it will end then, or either the landlord or tenant must give notice.
The Bill sets out rules about what the notice must contain, when it must be given, how it can be given, and situations when notice can be withdrawn. The proposed legislation will replace the current law for automatic continuation of leases, which is known as “tacit relocation”. The Bill also sets out rules for how leases end.
How to submit your views
You can share your views by completing the online submission form, linked to below. There are 11 questions covering the three parts of the Bill: Leases to which the Bill applies, Automatic continuation of lease beyond termination date and Miscellaneous provisions relating to start, end or length of lease.
Please answer any of the questions that are of interest to you. It is not necessary to answer every question.
The call for views closes on 7 March 2025.
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