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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.  

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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 16 June 2025
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Displaying 1442 contributions

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Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes, I think that all those issues can be considered. I do not know whether there is anything different in your question compared with the original question on the notice period as between landlord and tenant, but we will be considering those aspects, and we will write to the committee about that.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I ask Michael Paparakis to comment on that.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I have not seen any data on those specific figures.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Communication between landlord and tenant is vital, especially when it comes to serving notice and bringing the lease to an end, and sections 27 and 28 will resolve the issues with that.

The committee has heard from the Federation of Small Businesses that, in general, it is common for tenants to have problems in getting in touch with their landlord, and not just in the context of serving a document. I understand that some respondents consider that withholding rent because of a failure to provide a UK address is disproportionate, but a majority of consultees who responded to the SLC consultation on the issue were content with the remedy.

Retention of rent is not the sole remedy for the tenant and, of course, it is open to tenants not to exercise the remedy at all or even to retain only a small proportion of the rent. I also point out that the bill sets out a wide range of circumstances in which the remedy cannot be applied. For example, it cannot be applied if a UK postal address for the party is included in the lease or in certain documents that are registered in the land register or recorded in the register of sasines, where the other party to the lease has been given a copy of the document. Further, the provision does not apply to a body corporate or other legal person with a registered office in the UK, and it does not apply where the duration of the lease is less than a year.

That is similar to the statutory provision for residential leases in England and Wales in section 48(1) of the Landlord and Tenant Act 1987, which addresses the difficulties that residential tenants have when they do not have UK postal addresses for their landlord. I think that the provision will come into force for a very small minority of people who do not have a UK address.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

From my understanding, when the Scottish Law Commission drafted the bill, its intention was to make the legislation more accessible, but also to modernise it. I think that someone said that you could google the terminology to find out what it means, but should you need to google a Latin word in 2025?

That is my understanding of the issue. Lori Pidgeon or Michael Paparakis might have further input.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

At this stage, yes.

Do you want to add anything, Michael?

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I know that a few suggestions have been made to the committee. I will have to go away and consider them with my officials before I comment on any of them.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

The provisions in the bill on oral notice by tenants reflect the law as it is at the moment. For those who think that a tenant should give notice in writing, there is flexibility in the bill to provide for that. It is open to the parties to agree a provision in the lease that written notice must be given to terminate it鈥攕ection 23 allows for that. To be clear, oral notice can be given by the tenant only when the lease is for less than a year, so that will not apply in all cases.

Leases of less than a year in duration tend to be more informal in nature and do not need to be in writing. They are of particular value to businesses that need flexibility because they are involved in temporary activities or are testing new markets, for example by operating concessions or food stands.

Requiring tenants to give written notice in all circumstances would be a significant change in the current law, and the Scottish Law Commission did not consult on it. It could also create a trap for small business people, who might think that, because they have entered into a lease by way of an oral agreement, they can terminate the lease in the same way, but they might find themselves having to continue to let the premises.

We should reflect on the possible unintended consequences that such a change in the law could have, particularly for small businesses when they are starting out.

10:30  

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes.

Delegated Powers and Law Reform Committee [Draft]

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes, I know. My advisers have advised that they do not feel that that will be the case, but if something is flagged up, we will consider it.