Landlord consent to assignation—Scotland—checklist


Produced in partnership with Kenneth S Gerber of Mitchells Roberton
Checklists

Landlord consent to assignation—Scotland—checklist


Produced in partnership with Kenneth S Gerber of Mitchells Roberton

Checklists
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This Checklist sets out the issues that should be considered by a tenant (assignor) of a commercial lease in Scotland. It sets out when landlord consent to assignation is required, whether the landlord is obliged to act reasonably in granting such consent, the form of the consent and assignation and issues that both parties and the assignee should consider in relation to the landlord letter of consent to assignation and the assignation itself.

Assignation transfers to the assignee the tenant's (assignor’s) interest in the lease from an agreed date until the termination of the lease. It entitles the assignee to possess the premises on the same terms as the assignor, see: Nature of assignation: Stair's Laws of Scotland (Stair Memorial Encyclopaedia) [290].

A style letter of consent to assignation and a style assignation can be found at the Property Standardisation Group (PSG): PSG Leases—Management Documentation.

Must the assignation be in writing?

From 1 August 1995, a written document subscribed to by the assignor is required for assignation of a lease with a duration of longer than

Kenneth S Gerber
Kenneth S Gerber

Mitchells Roberton

Ken joined Mitchells Roberton in 2019. He was previously a partner for 12 years at Anderson Strathern, and before that he was a partner at Kidstons.

Ken handles landlord and tenant law, site assembly, property development, property financing, property purchase and sale and the property aspects of corporate transactions.

He is accredited by the Law Society of Scotland as a specialist in commercial leasing law. He regularly speaks on a range of commercial property subjects at conferences for MBL Seminars, as well as for other providers, and has presented online lectures for The Law Society of Scotland and University of Glasgow. Kenneth wrote the course on commercial conveyancing for the postgraduate Law Diploma at Glasgow University, and is senior tutor on that course. He also regularly provides specialist legal opinions to other firms on commercial lease matters.

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