The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Under agenda item 5, we are considering one document, on which no points have been raised.
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Under item 6, the committee will take further evidence on the Leases (Automatic Continuation etc) (Scotland) Bill. Before we begin taking evidence on the bill, I put on the record that all members of the committee rent office premises in our capacity as members of the Scottish Parliament. Although that does not represent a declarable interest under the bill, we wanted to put it on the record, given that the subject matter of the bill concerns commercial leases.
I welcome Dr Jonathan Brown, who is a lecturer in private law at the University of Strathclyde, and Dr Mitchell Skilling, who is a teaching fellow at the University of Aberdeen. Welcome to you both. Before we start, I remind you not to worry about turning on the microphones, because that will be done for you. If you want to come in on a question, please raise your hand or indicate to the clerks. There is also no need to answer every question if you do not want to deal with something. After the meeting, if there is something that you did not say and you feel that you would like to put it on the record, please feel free to do so in writing.
We will move to questions. Do you think that the law on tacit relocation needs reforming? If so, what are the main problems?
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Before I bring in Roz McCall, I want to know whether, based on what you have both said so far—we will go into the details of the bill later—you recommend that the bill be withdrawn or substantially amended.
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Later this morning, we will hear from the Federation of Small Businesses Scotland. In its submission, it states:
“We welcome the measures contained in the Bill which seek to address some of the power imbalances between small tenants and large landlords.”
Do you agree with that, or do you think that this section of the bill should have a more flexible approach? Dr Skilling, would you like to respond?
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Thank you. I will ask a final question before I bring in Roz McCall.
In the information that we have received from the Faculty of Advocates and Pinsent Masons, they argue that it does not make sense to have a statutory code for one type of lease, given that there are rules in case law that apply to various areas of law and not just commercial leases. The bill is very narrow—it is not broad and it does not cover many aspects of leases. Would it work to have what is proposed in the bill for something that is actually very narrow? Is that practical or do you agree with the position that is offered by the Faculty of Advocates and Pinsent Masons?
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
The general approach to the bill has generated a fair amount of discussion. Obviously, you will have heard the previous evidence session, and we had an evidence session last week, too. Is the general approach to reform in the bill the right one for landlords and tenants, or would it be more appropriate to, say, abolish tacit relocation?
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Is the committee content with the document?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
In relation to the document, does the committee wish to highlight to the Local Government, Housing and Planning Committee its correspondence with the Scottish Public Services Ombudsman?
Members indicated agreement.
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Are there any other points or comments about the bill that witnesses would like to put on the record? We had the earlier evidence session this morning, and we heard from two panels of witnesses last week. Are there any particular points that you would like to pick up on from any of them?
Delegated Powers and Law Reform Committee
Meeting date: 6 May 2025
Stuart McMillan
Thank you very much. I will now hand over to Roz McCall.