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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 7 February 2026
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Displaying 1625 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Section 30 concerns the irritancy of leases and the landlord’s need to serve an irritancy notice on a tenant’s heritable creditor. Some stakeholders have criticised the provision, but I disagree and think that it is both workable and of wider public importance. The responsibility of landlords to search the registers will not place a disproportionate or undue burden on them. The committee has heard from the Scottish Property Federation, which represents landlords, that it has no issue with the requirement and that it is not much different from the reality of how leases work currently.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

Yes—that has been brought up previously in evidence. It is an interesting proposal, and we are looking at how we can move forward on it.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

We can definitely consider that.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I might ask the legal team about that.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I will pass the question to Michael, to talk about the technicalities.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

My understanding is that codification will simplify things by bringing into legislation all the legal principles of tacit relocation. It is a technical legal question, which I will pass over to Michael Paparakis to expand on, given his expertise.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

As I said in my opening speech, the law of termination of leases needs reform because it is inaccessible, uncertain and outdated. The SLC considered the case for reform by consulting advisory groups, issuing a small discussion paper and engaging with the legal profession, landlords and small businesses.

The evidence that the committee has heard shows that legal professionals, the Faculty of Advocates and the Law Society of Scotland have all agreed that reform of some kind is needed. The Law Society, for instance, was clear that there is sufficient litigation and confusion in the area to justify reform for the advantage of tenants and landlords. In Scots law currently, commercial leases are principally agreed and governed by common law rules. When the law is not clear or readily accessible, that can result in unnecessary costs to the tenant and the landlord. Current legalities can cause difficulty for the landlord and the tenant, and resolving those can result in the expense of court proceedings. The bill is looking to simplify and improve that for the tenant and the landlord.

On the economic impact of the bill, I believe that it will have some economic benefit. Most businesses, whether they are small or large, from manufacturing through to professional services, retail, digital start-ups and the hospitality sector, operate to some extent out of let premises. Let premises make up 44 per cent of all non-domestic premises that pay rates, and the rateable value from those premises comes to £2.6 billion pounds. Making the law more certain and accessible can only benefit both tenants and landlords.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

The issue of adding a bit more flexibility between the tenant and the landlord has been raised by a few people. It is an interesting suggestion, which we could explore moving forward. I do not know whether there would be any legal or technical obstacles to that. Michael might want to comment on that.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I do not have any information on that, because it is technical. I will pass the question to Lori Pidgeon or Michael Paparakis.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

The Scottish Government notes that the bill would make the theft of an assistance dog an aggravated offence. As a result, the court would be required to consider whether the sentence given should be enhanced to reflect the significance of taking an assistance dog. That is one of the issues that the committee will be required to carefully consider as the bill is scrutinised. I note from Mr Golden’s letter to the committee of 18 April that he had engaged with stakeholders such as Guide Dogs Forfar, the Scottish Society for the Prevention of Cruelty to Animals and Dogs Trust to inform the proposal.

I would like to know more from Maurice Golden about the evidence base to support and justify the position that the emotional impact on victims is not sufficiently considered during sentencing under current law. In the committee’s evidence-taking session on 26 March, the representatives from Police Scotland and the Crown Office and Procurator Fiscal Service highlighted that the police

“would have to be able to demonstrate that the accused knew that the dog was an assistance dog to be able to prove the aggravation.”

At the same evidence session, Stuart Munro from the Law Society of Scotland was also clear that

“the sentencing process is already structured in a way that should allow”

information about the impact of the theft of an assistance dog

“to be properly taken into account.”—[Official Report, Rural Affairs and Islands Committee, 26 March 2025; c 20-21.]

If somebody actively seeks to steal an assistance dog, our existing law already reflects that as being worthy of a more serious penalty. We are interested in hearing Mr Golden’s views on that when you take evidence from him.

I will bring in Mr Wilson.