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Property

Property

Notices in Commercial Leases – a welcome clarification for landlords and tenants

Over 100 years after an Act came in, we finally have some clarity.

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Dilapidations – coffee sweetener as a measure of loss

Coffee sweetener as a measure of loss? Honestly? Well…

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Can the Scottish Housebuilding market continue to weather the Brexit storm?

Just over six months ago I wrote that I was very much of the view the Scottish housing market was bucking negative Brexit predictions, and that the outlook – particularly for new build homes – was extremely positive. 

Now the summer is drawing to a close and the warmer weather has been replaced with the autumnal storm of the Brexit debate, what’s changed since then?

A lot has happened politically.

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Burness admin

Love Islands? Want to buy one?

Donald Trump has made headlines for proposing a rather ambitious “real estate deal” – buying the island territory of Greenland from Denmark. Danish Prime Minister Mette Frederiksen has refused his offer, but for anyone in the market for an island, let’s explore from a Scottish property law perspective how to purchase an island in Scotland.

It is not unheard of for private Scottish islands to be advertised for sale. Indeed, at present the “exclusive island estate” of Inchmarnock is available to purchase for offers over £1,4m.

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Notices – getting them right and the costs of getting it wrong

Serving notice under a contract might seem pretty straightforward, but there have been plenty of cases where the receiving party successfully challenges the validity of a contractual notice in court.  Getting the notice right is crucial, and last month the court reminded us of the potentially drastic consequences of getting the notice wrong (which, in this case, was some £8 million for the party who had failed to serve the notice correctly).

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Proper preparation can help prevent any pain from Part Exchange properties

Proper preparation can help prevent any pain from Part Exchange properties

Being able to operate an effective part-exchange or ‘PX’ scheme can be an essential tool in a housebuilder’s sales tool kit.

From the housebuilder’s perspective it can be the means of delivering a sale on short notice.

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Retail Parks and the “People Still Shop in Shops” Shocker…!

On a bright, crisp and cold spring morning in March I was delighted to bear witness to that heartening and serene sight.  The faltering, blinking emergence into the world of a fresh retail park scheme.  The car park chaos, the meandering swarms of curious consumers and the reassuring thrum of contactless technology ushering pounds and pence onto balance sheets of happy retailers.

On this occasion the happy retailers were Home Bargains and Aldi on the Manse development of the former Rolls Royce plant in East Kilbride (a scheme in which Burness Paull had significant involvem

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Burness admin

The flexible future of retail

JD Sports has had a great year.  All of its key performance indicators are soaring ahead. 

There are many factors contributing to their success.  One interesting element is that JD Sports is, in many respects, a traditional bricks and mortar retailer (it has 390 stores across the UK and Ireland).  It unashamedly puts its physical stores at the centre of its strategy.  With bricks and mortar being blamed for so many retail casualties in recent times, and in many cases being the clear focus for CVA proposals – how can it be that JD Sports can have the audacit

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Burness admin

Hypothetical protection for struggling landlords

It’s been a tough time for landlords in the retail sector, with so many retailers of all sizes going bust.  Landlords often find that, absent a rent deposit, there is little they can do to protect themselves when a tenant goes into administration or liquidation.  However, there is one little discussed protection for landlords in Scotland – in the form of a security known as “Hypothec”. 

Hypothec has undergone changes over the years but it essentially operates as this – if a tenant goes into liquidation or administration, the “hypothec” kicks-in, and provides a securi

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Burness admin

50 ways to leave your landlord

What connects Debenhams, Marks & Spencer, Arcadia Group and New Look?

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Burness admin