we have signed a lease for 20 years for shop, lost lease, we think the landlord is selling shop and put our rent up and term down...our first lease was 4 years ..extended to 20 and doubled rent...ou question is what is our legal position we can't find lease....
Your Landlord should be able to provide you with a copy of the Lease as they will hold the principal signed version. It could be that the Lease has been registered with the Books of COuncil and Session in Edinburgh and if this is the case you should be able to purchase a copy from them.
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LLB (Law Degree) and BA(Hons) Business Degree and Diploma in Legal Practice. Partner in own law firm
the landlord will not give us copy of leas and is not registered at edinburgh my question is where do we stand with alease that landlord has not signed
In Scotland Commercial leases are a matter of contact rather than property law and if a lease has not been signed then it is rather like a contract that has not been signed. The terms that have been in operation in practice would be likely to be the terms that prevail. The remedy where either party did not agree is to take the matter to Court to establish the contractual position. Certainly your Landlord would not be in a position to unilaterally alter the terms of your let (ie the understanding that you have been occupying the premises under) and accordingly, if need be you could take the matter to court if the Landlord tries to do so. Alternatively, there would be nothing to prevent you entering into a commercial lease at this stage in terms suitable to both parties which would regulate the position from here forward if you both wish to do so and are able to agree.
Hope this helps.
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