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TANQ Seminar - Commercial Leases – Broken or Still Intact?
Date:
Wednesday 12 May 2021
Time:
01:00pm - 02:00pm
Speaker:
Amir Ismail (Director, Holmes Mackillop)
Seminar Details:

The service of a break notice under a Commercial Lease in Scotland has always been an area that is rife with litigation. The consequences of incorrect or defective service are nothing short of catastrophic and could result in a significant claim against the Tenant’s solicitor amounting to rent payable for the rest of the duration of the Lease plus utilities and other sums payable during the term.

This presentation will deliver a practical and succinct guide to successful service of a break notice in a commercial Lease in Scotland and will cover:

• The party to serve the notice on – and what recent Scottish case law confirms is fatal to the notice;
• Questions of content – what do I need to say and what should I avoid in my break notice and indeed what errors are fatal to the notice itself;
• What happens with advance rental accrued beyond the break date and how can I ensure this is repaid?
• A look at some of the leading cases on conditional break options, including those conditional on vacant possession, and developments on “deemed service” – and how to strike a balance between reasonable conditions on the one hand and conditions that could unreasonably and disproportionately render the break notice ineffective on the other.

 

The speaker - Amir M Ismail - is a Director with Holmes Mackillop Limited, solicitors, in Glasgow.  Having graduated from the University of Strathclyde with an LLB (Honours) in 2005, he subsequently completed the Diploma in Legal Practice and then started his legal career as a trainee solicitor in August 2006 with HBM Sayers.   Amir always knew he wanted to practice solely in Property Law at a very early stage and he has never worked in any other area of law, having completed his 2 year specialised traineeship in Commercial Property in August 2008.  Amir joined Holmes Mackillop in February 2015 and, throughout his working life, he has undertaken a wide variety of commercial property work.  He is experienced in all aspects of the sale, purchase and lending aspects of commercial property, including site acquisition, development, plot sales, investment properties, offices, shops and industrial units.  Amir also undertakes a large volume of commercial leasing work, representing the interests of numerous Landlords and Tenants across the whole of Scotland, with a view to securing a commercially viable agreement in each case.  Amir has tutored in both Residential Conveyancing and Commercial Conveyancing on the Diploma in Legal Practice course at Glasgow University since October 2014.  He thoroughly enjoys working with students and clients alike, as well as fellow practitioners, and is also involved in the delivery of CPD to the legal profession for various organisations.

 

This event is free*. To register please click on this link

* Free for trainees, solicitors (up to 2 years' PQE) and law students. For Solicitors over 2 years PQE there is a charge of £20.

 

CPD/TCPD time: 1 hour

 

 

 

 

 

 

 

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TANQ Seminar - Commercial Leases – Broken or Still Intact?
Wednesday May 12, 1:00 PM - 2:00 PM
The service of a break notice under a Commercial Lease in Scotland has always been an area that is rife with litigation. The consequences of incorrect or defective service are noth... Read More

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