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Real estate · Scottish property team, landlord client, litigation support

Review an irritancy notice on a Scottish lease

A landlord in Glasgow wants to irritate a commercial lease for rent arrears and a breach of a keep-open obligation. The note separates the monetary ground from the non-monetary one, because the statutory protections work differently for each.

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Agents
Research, Litigation & Disputes
First draft
A grounded answer on the notice requirements in under a minute, then a full note before the notice is served.

The problem

Irritancy for money breaches requires a warning notice in the right form allowing the right period, and getting that wrong hands the tenant a defence. Non-monetary breaches are tested against what a fair and reasonable landlord would do in the circumstances, which is a different question with a different evidence base. Running both grounds in one notice without separating them is the mistake.

  1. Step 01 of 05

    Open a Scottish matter

    Jurisdiction is set to Scotland, which changes the statute book the checks resolve against and the terminology the memo uses.

    Matters · Project Halcyon · SPA warranties and disclosureOpen

    Project Halcyon: SPA warranties and disclosure

    Buy-side warranty review, disclosure analysis and cited due-diligence grid.

    Client
    Halcyon Bidco Ltd
    Reference
    WC-2026-0412
    Practice area
    Corporate / M&A
    Jurisdiction
    England and Wales
    Responsible partner
    E. Vance
    No conflict check on file.

    Chat, on this matter

    Compare warranties with the disclosure letter.

    Three high-priority exceptions require action: the unregistered charge, the change-of-control right and the tribunal claim.

    Send a message… (@ to mention tools)BalancedPrepare for
    1. 25 Aug

      Disclosure exceptions matrix

      Chat

    2. 21 Aug

      Disclosure exceptions matrix

      Run · completed · 560 credits

    3. 18 Aug

      Project Halcyon: Disclosure Letter

      Document · indexed

    4. 16 Aug

      Project Halcyon: Share Purchase Agreement

      Document · indexed

    5. 4 Aug

      Matter opened

      Opened

  2. Step 02 of 05

    Ask about the two grounds

    The monetary ground and its notice requirements, then the fair and reasonable landlord test as it applies to the keep-open breach.

    Matters · 14 Rowan Court, Flat 9 · ResearchSources ranked
    Matter: 14 Rowan CourtEngland and WalesResearch Agent
     
    Prepare for: Court-Ready · Deliver as: Word

    Where we looked

    • 1Your documentsLease, demand, correspondence
    • 2Primary law3 statutes, 1 judgment
    • 3Regulators and the recordNothing needed
    • 4Web searchOff for this question

    Authorities · 4

    • 1

      Law of Property Act 1925, s 146

      c 20
      not yet checked
    • 2

      Housing Act 1996, s 81

      c 52
      not yet checked
    • 3

      Commonhold and Leasehold Reform Act 2002, s 168

      c 15
      not yet checked
    • 4

      Escalus Properties Ltd v Robinson

      [1996] QB 231 (CA)
      not yet checked

  3. Step 03 of 05

    Produce the note

    The Research Agent runs with Prepare for: Court-Ready and Deliver as: Word, dealing with each ground under its own heading and setting out the evidence the landlord would need for each.

    Agents · Contract Agent · New runMatter: Northgate · senior associate hire

    Agent

    Jurisdiction

    Prepare for

    Deliver as

    Instruction

    What should the agent look for?

    Documents

    Drop a contract, or pick one from the matter

    Also on the matter

    • Offer_letter_v3.pdf2 pages
    • Staff_handbook_2025.docx61 pages
    • Board_minute_14_Aug.pdf3 pages
    Platform model · zero data retention · audit register on

  4. Step 04 of 05

    Check the authorities

    Statutory provisions resolve to the official record with their verdicts shown, and Where we looked sets out the sources the checks ran against.

    Authorities · 14 · Where we looked
    #ReferenceVerdict
    1

    Tillman v Egon Zehnder Ltd

    [2019] UKSC 32    		not yet checked
    2

    Working Time Regulations 1998

    SI 1998/1833, regs 4 to 5, 10 to 14    		not yet checked
    3

    Coppage v Safety Net Security Ltd

    [2013] EWCA Civ 1176    		not yet checked
    4

    UK GDPR, Articles 6 and 9

    Retained Regulation (EU) 2016/679    		not yet checked
    5

    Employment Rights Act 1996, s 1

    c 18    		not yet checked
    6

    Harlow v Artemis International

    [2008] EWHC 1126 (QB)    		not yet checked

  5. Step 05 of 05

    Confirm before service

    The partner ticks the action items, including the arithmetic on the notice period and the evidence needed on the keep-open breach.

    Agents · Contract Agent · Employment Contract Compliance ReviewCompleted

    • Replace the UK/Ireland/EU non-compete with a 3 to 6 month restriction tied to competing corporate-law work.

    • Replace blanket data consent with a lawful-basis clause and a separate monitoring notice.

    • Remove the five-day carry-over cap and reference the statutory carry-over rules.

    • Narrow the client non-solicit to clients dealt with in the final 12 months.

    • Add an explicit working-time opt-out withdrawal mechanism.

    • Confirm the bonus clause states the discretion is exercised in good faith.

What comes back

A document, not a transcript.

  • The two grounds separated, each under its own statutory basis, with the notice requirements for the monetary ground set out precisely.
  • The evidence a landlord would need to satisfy the fair and reasonable test on the keep-open breach.
  • A worked notice period against the arrears dates supplied, with the earliest permissible service date.
  • Open questions on whether the tenant has made any payment since the arrears schedule was prepared.

Authorities it checks

  • Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, ss 4 and 5
  • Prescription and Limitation (Scotland) Act 1973, s 6
Every source it may cite

What it does not do

  • It does not serve the notice or raise proceedings in the sheriff court.
  • It does not decide whether the landlord should irritate at all, which is a commercial call about re-letting the unit.
  • It does not confirm the arrears figure; the schedule supplied is used as given and named as an assumption.

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