The Scottish Law Commission is currently consulting on proposals to either repeal or reform the Tenancy of Shops (Scotland) Act 1949.

The details are set out in the consultation document which can be accessed below.

In brief, the Act was originally intended to give occupiers of small shops the power to request an year-long extension to their leases when their (typically one-year long) leases were due to expire. This was intended to protect small businesses at a time when commercial property was scarce.

Since 1949 the nature of the commercial property market, especially retail, has changed dramatically, and the Scottish Law Commission considers that the need for the Act's protections, and the way in which the Act is used, now requires either its repeal or reform. The consultation seeks view on whether the Act should be repealed entirely, reformed to re-focus protection on businesses operating out of only one premises, or be replaced with something else.

The BRC will be responding to the consultation. If you would like to comment, you can either input to the BRC's response by emailing dominic.curran@brc.org.uk by 9th October or do so directly by emailing elizabeth.connaughton@scotlawcom.gov.uk by 16th October.