What happens when a commercial lease in Scotland comes to an end but the commercial tenant remains in occupation?
Unfortunately, changing the locks is not the only solution for landlords. A tenant who refuses to leave voluntarily after the lease has ended cannot be removed by the landlord without a court order. To remove a commercial tenant lawfully, the landlord needs to take the following five steps:
1. Verify with the landlord that the lease is in fact coming to an end.
A lease does not immediately end in Scotland when it expires. The law assumes that the parties have agreed to extend the lease on the same conditions for an additional year (or, if the initial lease was for a shorter amount of time, for that shorter period) if they are silent. This is called tacit relocation. To prevent it, the landlord must serve a clear written notice to quit at least 40 days before the lease's expiry date (the ish). The law in this area is being reformed: the Leases (Automatic Continuation etc.) (Scotland) Bill, introduced in the Scottish Parliament in December 2024, would replace tacit relocation with a statutory scheme and longer notice periods, so check the current rules with your solicitor before serving notice.
2. Raise a removal action.
The landlord should file a court action for eviction if the tenant is still occupying the property after timely notice to vacate has been given, the lease has expired, and notice to vacate has been served. Normally, the sheriff's court closest to the location should hear the case. A claim for "violent profits" (a penalty for remaining in occupation without right) or damages for any losses incurred by the landlord as a result of the tenant's failure to evacuate the property promptly (such as lost rent that would have been collected from a new tenant) may be included in the lawsuit in addition to the removal of the tenant.
3. Serve a Removal Charge.
Sheriff personnel should be ordered to serve a Charge for Removing, giving the tenant 14 days to vacate the property, once a court order for removal has been obtained. In the event that the circumstances warrant it, the Charge's duration may be shortened or eliminated.
4. Provide notice period and end date
Sheriff's deputies are required to provide the tenant at least 48 hours' notice of the date of removal before an eviction can take place. This notice may be provided either concurrently with the Charge for Removing or closer to the date of eviction. The notification time may also be shortened or eliminated if the situation calls for it.
5. Evict a tenant.
Sheriff officers can be told to go to the property and remove the tenant if the aforementioned measures are taken. To prevent the tenant from retaking possession, it is a good idea to make arrangements for the locks to be changed right away. The renter shall be given the chance to make arrangements for the removal of any stock, equipment, or other possessions that have been left behind in the space. Otherwise, the landlord may proceed to relet the property or utilise it however they see fit.
Get in touch with our solicitor
Contact our commercial property team if you are a commercial landlord in the aforementioned situation. We can help you negotiate this procedure.
Next step: if you are a landlord or tenant of commercial premises in Scotland, our commercial lease solicitors can review the lease and advise on ending it, and you can get an instant quote online.
Kirsty Docherty, Head of Residential Conveyancing
Kirsty leads our residential conveyancing team and has over a decade of experience in residential property law in Scotland. Last updated 21 May 2024. This guide is general information about Scots law, not legal advice for your situation.
