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The latest legal news & family, employment, personal injury and wills & succession law news from Complete Clarity Solicitors.
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What Do Property Surveyors Look for During a House Survey?

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If you're buying a home, a survey gives vital insight into the property's condition and conducts a building survey. But what exactly does the surveyor inspect? As your property experts, Complete Clarity Solicitors provides home buyers with complete clarity on what surveyors look for during different types of house surveys.

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How soon can you sell a house after buying it? 

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If you're a homeowner considering selling the property you recently purchased, a common question is "How soon can I sell my house after buying it?" This may arise due to changing life circumstances requiring you to sell a property quickly. At Clarity Simplicity, we understand the complexities of capital gains tax and other factors involved when buying and selling property. Here we'll explore key factors determining how fast you can sell after buying, so you have clarity on the process.

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Building warrants, Planning Permission, and Completion Certificates

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Times have changed, and when handling the sale and purchase of real estate, solicitors now appear to spend a significant amount of time attempting to locate documentation for property improvements or modifications.

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Considerations for landlords when consenting to a sub-lease

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Many firms have experienced transformation as a result of recent events. Some people have benefited from the transition and seen growth, which has prompted them to expand by purchasing larger facilities. Others need to reevaluate their footprint in an effort to downsize due to financial difficulties or changes in their working styles. The possibility of "sub-letting" all or a portion of their facilities to another firm is one possible choice for businesses wishing to reduce expenses.

This article examines the conditions under which landlords may withhold consent from commercial tenants in Scotland before they enter into a sublease.
 

What is subletting?

When a tenant of a business lease grants a sublease to a different party (the "sub-tenant") who will occupy in their place, this is known as subletting. Subletting enables the original tenant (the "head tenant") to "pass on" the financial burden of paying rent (and other amounts) to the sub-tenant by renting all or part of the property to someone else. In rare cases, the original tenant may even be able to benefit by subleasing the space at a greater rent than stipulated in the initial contract.
 

Landlord's consent

In almost all business leases in Scotland, it is stated that if a tenant wants to sublet, they must first get the landlord's permission in writing.
The terms of the lease and the particular facts and circumstances surrounding the proposed sublease will determine whether a landlord can refuse to give an agreement to a sublease.
Unless otherwise specified in the lease, the landlord will have the ultimate right to reject consent and will not be required to provide a justification for doing so. But the majority of commercial leases provide that the landlord's approval cannot be unreasonably withheld. That raises the question of whether a landlord might legitimately refuse to approve a proposed sub-let.
That raises the question of whether a landlord might legitimately refuse to approve a proposed sub-let.
The Outer House of the Court of Session outlined some of the fundamental considerations that apply when determining whether a landlord has the right to deny a request to sublet in the landmark case of Burgerking Ltd. v. Rachel Charitable Trust:
  • The landlord is not permitted to refuse permission for reasons unrelated to their relationship with the tenant, nor is the landlord permitted to refuse permission in order to obtain a corollary benefit.
  • The renter must be given the landlord's reasoning so they can decide if consent was properly denied. Even if those other justifications would have been valid at the time, the landlord cannot later rely on them.
  • It will typically be sufficient to demonstrate that at least one of the landlord's objections is legitimate if the landlord gives more than one justification for rejecting the request. However, if the court determines that the landlord's decision was unreasonable as a whole because one of the grounds was found to be incorrect or if the many justifications offered by the landlord were not completely independent of one another.
The landlord could refuse consent for a variety of reasons. In Burgerking, the court determined that a landlord's refusal to provide permission was fair given the possibility that a reverse premium to be paid to the subtenant would have driven down the property's market rent in the event that it were to be re-let in the future. The subtenant's business kind and the proposed subtenant's financial situation are two further justifications that a landlord can try to use (e.g. if this would interfere with the trade mix at a shopping centre or retail park).
 

Comparison with assignation

Subletting is distinct from assignation, which is the transfer of a lease from one tenant to another. In an assignment, the exiting tenant's rights and obligations under the lease are transferred to the new tenant, negating the landlord's power to take legal action against the original tenant as in a subleasing arrangement. Because the head tenant is still responsible to the landlord for the rent and other amounts due under the head lease, it is often less likely to be acceptable for a landlord to withhold consent to a sublet based on the sub-financial tenant's strength.

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My partner and I are going to buy a home together, what should I be thinking about?

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When you buy a home, especially your first home in a joint tenancy, it is rather a big step and you may be worried about a mortgage.

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Property disputes: can a witness refuse to assist or give evidence in court?

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Property disputes: can a witness refuse to assist or give evidence in court?

Witnesses are frequently needed in property disputes to establish the facts of a case. But who ought the parties to summon to court to give evidence, and what happens if they refuse to cooperate?

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what are the three most important considerations for establishing how a schedule of condition affects a tenant's obligation for dilapidations?

It is typical for a tenant to attempt to reduce their dilapidations liability under a commercial lease by making reference to the state of the property at the beginning of a lease. When this happens, a tenant may often claim that their only obligations under the terms of their lease are to maintain the property in the manner described in a "schedule of condition."

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Managing common areas in a housing development

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A developer's goals in managing the common components of a development include:

  1. Maintaining the amenities and services within a development to make sure it provides a high-quality living environment.
  2. Make sure the management structure gives the developer a way out so they can transfer management to a trustworthy successor and transfer all liability for common elements once the development is finished.
  3. A transparent, fair, and equitable management system that minimises disagreements regarding the fees assessed to plot owners for the upkeep of the common areas It is common for residents to dispute their bills and try to get out of paying for amenities they may feel they don't use. 

The management of the common elements may be covered in the title deeds in a number of ways. Depending on the specifics of the development, such as its size, location, and nature, it is important to determine which method is the best course of action.

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Selling Your Home with Clarity Simplicity

Selling your home can be both an exhilarating and exciting time. At Clarity Simplicity we aim to deliver a quality service that makes the process as easy as possible for you. In this guide, we will explain the steps involved in selling your property so that you know exactly what to expect at each step of the way from putting your home on the market to handing over the keys.

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Buying Your Home with Clarity Simplicity

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Buying your home can be both an exhilarating and exciting time.

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What Commercial Landlords Should Do When a Tenant Requests Alterations

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What Commercial Landlords Should Do When a Tenant Requests Alterations

The tenant's obligation to get consent

Unless there is an apparent limitation in the Lease Agreement, a tenant is entitled to make the desired changes without first seeking the landlord's permission. Hopefully, the renter has previously analysed the lease conditions to determine whether they require the consent.

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What can be done to recover rent arrears on a commercial property in Scotland?


The landscape for commercial landlords in Scotland continues to shift, as the remaining pandemic-related limits on rent arrears collection are eliminated this month.

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Is an unwritten lease enforceable in Scotland?

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Is an unwritten lease enforceable in Scotland?

Commercial landlords are not uncommon to have tenants occupy premises without a formal lease. It can occur for a variety of circumstances. It is possible that the tenant was pressed for time and began trading prior to the lease being signed. It is possible that a portfolio was purchased with the understanding that the prior landlord would support informal occupation agreements. Alternatively, a tenant may have taken occupancy without the landlord's permission (which is not uncommon in tenant insolvency circumstances) and kept paying rent undetected by the landlord.

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Scottish house prices fall for first time in 3 years

The latest House Price Index report revealed the average property price in Scotland was £145,762 in February 2019. This was a 3.1 per cent decrease on the previous month and a fall of 0.2 per cent on February of last year (£145,982); the first annual drop in average property price in Scotland since March 2016.

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Glasgow City Council issues CPO on 7 flats after landlords failed to maintain properties

Glasgow City Council has issued a compulsory purchase order (CPO) for seven apartments in Westmoreland Street, Govanhill. This move will mark the first time landlords will be forced to sell because they have failed to keep the property in an acceptable condition, and will be the first time a whole block with residents will be taken over under compulsory purchase in Glasgow.

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One-bed rented properties take just 20 days to let in Glasgow, according to new report

Rental properties in Glasgow recorded a notable rise of 3.9 per cent in Q4 2018, up 33.6 per cent in a decade and bringing the year on year figure to £771, according to the Citylets Quarterly Report. The average property in Glasgow took 25 days to let, with 22 per cent being let within a week.

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Glasgow and Edinburgh house prices rise faster than other UK cities outside London

The two largest cities in Scotland have both seen an average house price growth of at least 9% this year – more than double than UK average – according to recent data from HouseSimple.

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Shelter Scotland launches "Toolkit for Tenants"

Charity Shelter Scotland has announced the launch of a new online toolkit for tenants, designed to help them navigate through the rental system.

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Scots property prices at all-time high following stock shortage

Recent research from the Aberdein Considine’s Property Monitor report illustrates that the average price for Scottish properties sold for a record £169,450 during the second quarter of this year (April-June 2018), a 4.7% increase during the same time last year and a grand total of £175 higher than the previous record set in the third quarter of 2017.

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Loan for self-build homes now available

The Scottish government have announced a new loan available for people who want to build their own homes.

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