bto solicitors - Corporate & Commercial Business Lawyers Glasgow Edinburgh Scotland

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Page 21 of 81

Termination of commercial leases – irritancy and oppression

17 January 2023

In Scotland, commercial tenants who breach their lease obligations may find their leases terminated by “irritancy”. Since the 1980s, the lease provisions in question have been rendered less draconian by provisions in the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. These require the landlord to serve a pre-irritancy warning notice by recorded delivery, giving its tenant an opportunity to remedy the breach before the irritancy is carried out; a minimum of 14 days for failures to pay and a “reasonable” time in other situations.

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