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Essay / Research Paper Abstract
A Comparison of the Law This 10 page paper examines both English and Scottish law regarding the renewal of commercial leases, looking at the similarities and the differences as well as the principles that underlie the various laws. The bibliography cites 7 sources.
Page Count:
10 pages (~225 words per page)
File: TS14_TEleaser.rtf
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Unformatted sample text from the term paper:
where there are large differences as a result of the divergent legal developments and various needs. Land law is one area where there have been some large difference widely recognised.
This paper will consider a single aspect of this, looking to the differences which are present between the law of England and the Law of Scotland in the
renewal of commercial leases. There is a very basic different between these two countries when it comes to the law governing the renewal of leases. In England there is
a statute driven system, with numerous statutory tools (Gravells, 2000), whereas in Scotland this is driven principally by common law (Mcallister, 1995). This is reflective of lease laws as
a whole in the two countries. In England there are several statutes, the principle statute is that of the Landlord and Tenant Act 1954, however there are also more
recent statutes that impact on the renewal of a lease, including the Landlord and Tenant (Covenants) Act 1989 and the Law of Property (Miscellaneous Provisions) Act 1995 (Wilkie and Cole,
2000). When this is compared to Scotland only one statute is found; Tenancy of Shops (Scotland) Act 1949 (Reid, 1990). To undertaken this examination the English law surrounding the renewal
of leases will be consider fist and then an examination of Scottish law will allow a comparison to be made. As already noted, under English law, the main statute
concerning commercial lease renewals is that of the Landlord and Tenant Act 1954. The main guiding principle of this statute is the provision of a stable environment within which there
is a security of tenure granted (Gravells, 2000). The main tool used to assure this stability in the commercial environment and provide what was needed for business to thrive (Freedman
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