Coronavirus advice for business
In relation to your commercial real estate in Scotland, consider the timescales and deadlines that are set out in your contracts for purchase or sale or in your leases, whether as landlord or tenant. If there is an expiry date, a deadline for service of a written notice or another event that has a fixed deadline, you must ensure that you are aware of all the steps that require to be taken to comply with the stipulated requirements.
In certain instances, there will be specific requirements on the form of notice to be served, who serves it, where it is served and when it must be served. A failure to adhere to any of these requirements is likely to render the notice invalid and may have unwelcome consequences and, you should be aware that the deadline for serving a notice to terminate or quit at the contractual expiry date set out in a Scottish lease will not usually be specified in the lease document itself.
If such a notice is not timeously served then the relevant lease could continue on the same terms and conditions for another year notwithstanding the contractual expiry date.
Recent updates
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Key contact -Â John Meehan
t:Â 0141 227 9622
m:Â 0773 612 9830
John is recognised as a "Leader in the Field" in both Commercial Property and Real Estate by Chambers UK Guide to the Legal Profession and a "Recommended Lawyer" in Commercial Property and Real Estate by The Legal 500. View full profile.
We are leading Scottish property lawyers
With one of the largest teams of property lawyers in Scotland, our Commercial Property group advise clients of all sizes across the private, public and third sectors in relation to their property requirements.Â
From our offices in Glasgow, Edinburgh, Inverness, Elgin and Shetland we have specialist Commercial Property lawyers to pro-actively deal with your property needs in selling, purchasing, leasing, development, investment, portfolio management or funding.
We use our knowledge and good working relationships throughout the property industry to efficiently deal with your needs and to develop innovative structures and solutions to complex contractual matters or to deal with large numbers of properties.
We also work alongside clients and law firms based in jurisdictions outside Scotland, who require our knowledge of the Scottish legal system.
We are able to call upon the support of other specialist leading lawyers from other disciplines within the firm to support our work whether from the fields of construction law, property litigation, banking, corporate, restructuring and planning, to name but a few.
Key services
Contact us
Call us for free on 0330 159 5555 or complete our online form below for legal advice or to arrange a call back.
Key contacts
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John Meehan
Partner
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Chris Noble
Partner
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Ross Thomson
Partner
Our services
Our team advises on urban renewal projects, residential land, industrial estates, commercial buildings, shopping centres, leisure and rural properties. We have a track record of devising structures to suit particular developments through forward funding agreements, joint venture agreements and profit share arrangements. Our legal advice covers projects through site assembly, statutory procedures, infrastructure agreements, utility supply or diversions, procurement advice, oversailing agreements and development agreements.
We advise on acquisitions, sales and the management and letting of investment properties. We have substantial experience with shopping centres, hotels, retail parks, offices, business parks, student accommodation and industrial estates across Scotland - and the particular nuances that go with each.
Investment and Property Finance
There is an increasing amount of commoditisation security work and, at the other end of the scale, an increased usage of Loan Market Association documentation and far more complex security instruments. Our team ensures that its advice to banks, financial institutions, hedge funds and private clients delivers the desired solution in a commercially sound and cost-effective manner.
We have extensive experience of conducting litigation in the Court of Session, Scottish Land Court, Land Tribunal for Scotland and the Sheriff Court, where we aim to bring the swiftest, most cost-effective resolution to property law disputes. This experience includes landlord and tenant disputes (including eviction and dilapidations), breach of missives, recovery of arrears, boundary disputes and disputes relating to title conditions.
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Our clients include both landlords and tenants of all types of commercial property and, as a result, we appreciate the needs of both sides and advise on commercially achievable results in close liaison with our clients’ agents.
Property Structures & Distressed Property
We advise on asset protection, realisation strategies, restructuring of property companies and investments for stability and funding arrangements in a tax efficient manner. We act for banks, financial institutions, hedge funds and private clients to achieve their desired solutions.
Our team advises on shopping centres, leisure destinations, industrial estates and commercial properties. We have a wealth of experience in dealing with large scale retail and mixed use developments, advising on all stages of projects through planning and construction to providing asset lifecycle advice and asset management services. We also have a proven track record of advising on high value acquisitions and disposals of retail investment properties.
Our specialist team of planning lawyers, have vast experience advising on all aspects of planning and environmental law, can guide you from the earliest stage of your development through to appeals and inquiries where required. We operate across both the public and private sectors, advising clients ranging from planning authorities to mainstream commercial, industrial and residential developments.Â
Team highlights
Legal awards
Real Estate Team of the Year 2019, Law Awards of Scotland
Legal directory rankings
Our team is ranked in Band 3 for Real Estate by Chambers UK 2020 and is also ranked in The Legal 500 for Commercial Property. Client testimonials from these publications state that the Team is "responsive - they work quickly, and are good at boiling down our advice so that things do not get lengthy and are easy to bring back to stakeholders" and that the Team provides "strong guidance and advice."
Thank you all for the professional way in which you have dealt with the refinancing. Great result for all of us and I look forward to furthering the business opportunities for us all going forward.
HM Client
To date I have been impressed by Harper Macleod’s concentration on the provision of a legal service that suits our needs. They seem to understand our business well, have a helpful attitude and are showing a genuine interest in our work.
HM Client
Planning and executing an event such as the Commonwealth Games was complicated and challenging, with an immoveable deadline fast approaching. We needed solutions, and often we needed them fast. No matter what was thrown at them, Harper Macleod provided excellence of service and clear, commercial advice at every stage. Thanks to partners such as Harper Macleod we were able to deliver the best ever Commonwealth Games and that achievement and experience is something that I know the firm will carry into everything it does in the future.
David Grevemberg, Chief Executive, Glasgow 2014
Work examples
Public bodies
We provide advice on all aspects of property law and related matters to a wide range of Scottish public authorities, including Directorates and Agencies of the Scottish Government; public authorities within the SEARS group including Forestry Commission Scotland, Loch Lomond & The Trossachs and Cairngorms National Park Authorities and Scottish Natural Heritage; and local authorities including Highland, Shetland, Orkney and Western Isles Councils.
Restructuring and refinance
We specialise in refinancing and tax-efficient restructuring of property groups. Recent transactions have included: Scottish aspects of £650m debt restructure; £40m property group refinancing and corporate restructure; refinance of group comprising in excess of 30 commercial properties within a mixed portfolio throughout Scotland with value of £30m.
Large-scale sale and purchase
We have extensive experience of acting in acquiring and disposing of high-value investment properties. Recent examples include: £100m sale of shopping centre in Glasgow; £23 million purchase of an office building in Edinburgh; £50m office development in Aberdeen; £30m purchase of industrial estate in Aberdeen; £6m sale of hotel in Glasgow.
New Town development
Negotiating planning permission, Section 75 Agreement and development documentation relative to new town, comprising supermarket, offices, residential, hotel, health centre, primary school, car showroom, park & ride including dual carriageway construction.
Glasgow 2014 Commonwealth Games
We advised Glasgow 2014 Limited in relation to site preparation, venue works agreements and overlay contracts relating to preparation of Hampden Park and other venues for the 2014 Commonwealth Games.Â
Meet the real estate team
Why choose us?
You don't need a lawyer - not many law firms will tell you that. What you need is someone to provide a solution, and our advisors are dedicated and flexible enough to do just that.
Personal legal services
With one of Scotland's largest teams dealing with personal legal matters, we have specialist knowledge for every stage of your life - from buying a house to protecting your assets.
HM Insights
Visit the HM Insights page to keep up to date with changes to legislation, case law, and our views on other interesting developments in Scotland and the UK.