5 things you need to know about Leases in general:
- A lease need not be in writing so long as it is not for longer than one year.
- To qualify as a formal lease, there must be identified premises; a landlord and a tenant; a definite rental; and a duration.
- The underlying statute in Scots law is the Leases Act 1449 (written in old Scots!). There is no equivalent Landlord and Tenant legislation of the type found up in English law.
- Only shop tenants have a limited form of security of tenure beyond the expiry of the term - the Tenancy of Shops (Scotland) Act 1949.
- Leases are interpreted as contracts.
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