Landlord and Tenant Property Law
Our property and tenancy law experts will ensure agricultural, commercial and residential portfolios are managed legally and effectively.
Whether you are buying, selling, letting or managing property we can advise on the legal aspects. All our surveyors are very skilled and knowledgeable about property law and how it differs between the devolved regions.
We also work with our clients' own legal advisors.
We have an intimate understanding of farm business tenancies under the Agricultural Tenancies Act 1995 and secure agricultural tenancies under the Agricultural Holdings Act 1986. Licences and herbage agreements also feature in the work we do in this area.
Our land managers in Scotland are also extremely experienced in dealing with tenancies granted under the Agricultural Holdings (Scotland) Act 1991 and the Limited Duration Tenancies (LDT) and Short Limited Duration Tenancies (SLDT), which came into being after 2003.
Our teams can deal any aspect of managing the relationship between landlord and tenant, including rent reviews and advising clients on the setting up of new tenancies.
Commercial property management
Many of our clients have commercial properties in rural areas and we can advise on buying and selling as well as leases, including those under the Landlord and Tenant Act 1954 in England and contract law in Scotland.
We are familiar with dealing with licences and 'tenancies at will' (which occur when there is no lease, usually either because there was insufficient time to negotiate one before a tenant moved in or because a fixed term lease has come to an end and there is no further lease in place).
A large proportion of our work in the Land Management Department concerns the management of residential tenancies.
The landlord and tenant relationship, particularly on an estate, is one which needs to be handled with sensitivity and tact, and we are proud to have been involved in some very long tenancies all over the UK.
Our experienced teams can deal with schedules of condition, deposits, repairs, landlord and tenant issues arising during tenancies and at their end, including enforcing possession and dilapidation claims.
Scotland’s legislative framework
The legislative framework in Scotland is in the process of reform, as the Scottish Government is working on its Land Reform Bill.
We can advise clients on the risk management issues associated with owning and managing tenanted land in Scotland.