Commercial Property Solicitors
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
- The importance of getting prescriptive rights of access accurately registered
- Scottish Lands Tribunal ruling strengthens the position of landowners when negotiating mast leases
- Charges for registering property deeds in Scotland set to increase from 5 October 2020
- Coronavirus: protection from termination of commercial leases in Scotland - update
- Why access to wind farm development sites can't be taken for granted – cautionary tales of private rights and public roads
- Rock and a hard place – how can landowners be sure they own everything that's under their feet?
- VAT Barter in leases – what do landlords and tenants need to know?
- How do you get permission to use outdoor areas as Temporary Premises for the sale of alcohol?
- How do landlords deal with the administration of a tenant?
- Property and lease transacting during the lockdown
- Should commercial landlords grant holiday, suspension or deferral for rent
- Protection from termination of commercial leases in Scotland
- Extending the deadlines on suspensive conditions
- Ensure that unoccupied commercial property remains insured
- How to keep track of the most up-to-date, official coronavirus advice
- What responsibilities do employers have regarding employees and the Coronavirus?
Key contact
Contact John Meehan on:
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.
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 contacts - get in touch
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Our services
Development
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.
Purchase and sale
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.
Property Litigation
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.
Landlord & Tenant
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.
Retail
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.
Planning
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.
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.
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
Chambers UK 2021Notable practice advising on the full range of property transactions. Frequently sought to advise on development schemes and investment purchases, often in the healthcare and retail sectors. Continues to be active in the housebuilding field. Also advises a number of public sector organisations. Additional expertise in assisting clients with the management of property portfolios.
A client says: "They have deep knowledge of our needs as a business and a sharp commercial focus."
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
John Meehan is head of the firm's real estate department. He handles a broad range of complex property work, including land and investment transactions, and landlord and tenant matters.
Chambers UK 2021
"Dedicated to his client's cause and capable of getting things done at short notice."
Offers notable expertise in dilapidations claims, as well as other landlord and tenant matters. Experienced in handling disputes for public bodies, institutional landlords and corporate occupiers. Specialist offering acting for registered social landlords on commercial lease and development contract disputes.
Chambers UK 2021
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.
