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Court moves to prevent dilapidations “windfall”

Before the expiry of a commercial lease, most landlords will serve a schedule of dilapidations on the tenant identifying the nature and extent of the works that require to be carried out to bring the premises into a condition which will allow the tenant to fulfil the repairing obligations contained in the lease.

In preparing a schedule of dilapidations, the surveyor must understand the terms of the lease and may require assistance from the landlord’s solicitor Continue reading

Tods Murray trainees and partners.

Post Referendum – What does this mean for SMEs?

As the dust settles and the result of the independence referendum starts to sink in, many of Scotland’s SMEs will be looking to the future and assessing what it will mean for their businesses and strategies. At Tods Murray we have a dedicated SME team on hand to advise business owners and managers on operating in a changing climate. Below is a non-exhaustive look at a few of the issues resulting from the No vote which SMEs may wish to consider. Continue reading

Tods Murray trainees and partners.

The increasing importance of EPCs

Under Section 63 of the Climate Change (Scotland) Act 2009 the Scottish Government requires to provide for the assessment of the energy performance of non-domestic buildings and require the owners of such buildings to improve the energy performance.  Considerable progress has been made by the Scottish Government on the detail of the draft subordinate legislation which will bring in regulations to meet this requirement, and it has been confirmed that the regulations are intended to be published early in 2015 and coming into force in autumn 2015.  Continue reading

Tods Murray trainees and partners.

Can a lease be resurrected? – ELB Securities Ltd v Alan Love & Prestwick Hotels Ltd

With the difficult economic conditions that hit in 2008 it is not surprising that company insolvencies have been at the forefront in recent years.   This case centred round the question of whether a lease that had been disclaimed by the Crown, following the dissolution of the tenant company, was at an absolute end or whether it could “come back to life”.  Continue reading

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Farmhouse fire fuels ‘negligence’ claim against firefighters

Originally posted on Enhance with Tods:

Farmhouse fire fuels ‘negligence’ claim against firefighters

The Outer House of the Court of Session has held that firefighters attending a fire owe a duty of care to the owners when dealing with the blaze, and if they fail to comply with that duty they (or rather their employer) will be liable to the owner for the damage caused. 

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Tods Murray trainees and partners.

Spotlight on Employment

The future’s bright, the future’s family friendly

Recent and upcoming changes to legislation bode well for a family friendly workplace in the UK.  The changes to the flexible working legislation in June this year mean systems of flexible working are now open for all; from 1 October 2014, partners will be given time off to attend ante-natal appointments; further down the line, changes to parental live are on the horizon meaning the traditional concept of female maternity leave may now be shared between parties, both looking to have involvement in the early years of child raising.  For a summary of these changes, read on. Continue reading