Page 3 - FRI Leases

FRI LEASES

The termination of a lease can often be an issue. Although the lease specifies a start date and a finish date
certain procedures have to be followed to ensure that the lease is terminated on the finish date (known as “the
ish”). If either you or the landlord wishes to terminate the lease at the ish, a notice has to be served in the way
provided for in the lease AT LEAST FORTY (40) days before the ish, unless there is a different period in the
lease, which is unusual. Scots Law provides that if not properly terminated in this way, the lease will
automatically continue on the same terms and conditions for a further year. If the lease is to be terminated at the
end of that further year, again the notice has to be served and again there are time limits for doing so. You should
keep a detailed diary note of the relevant dates so that you can instruct us in good time to serve the notice if that
is what you want. We do not keep a record of any such dates and will not issue any reminders that the finish date

of the lease is approaching or when the notice needs to be served by.

You may also have read about FRI leases on the internet. Most of the comments about such leases are based on
English Law. One major difference between leases in England and in Scotland is that in Scotland, there is no
implied term that a landlord has to act reasonably. If the landlord is to act reasonably it must be written into the
lease itself. Another is that there is no automatic entitlement to an extension of the lease when it reaches the
finish date.

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