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office space being successfully let and significant commercial development land brought to the market adjacent to Broxden Roundabout. Hot on the heels of the announcement


that leisure operators Greene King has secured planning consent for a new restaurant and coffee drive-through development at Broxden Business Park, local commercial agents Bidwells are bringing to the market two crucial areas of commercial development land on behalf of The John Dewar Lamberkin Trust and Craigrossie Properties (No1) Ltd and has secured the letting of two substantial offices to Mouchel and Persimmon Homes. The news illustrates an upturn in

commercial activity in the city and a long awaited uptake at this important location. Bidwells is offering the development

sites, which are adjacent to the existing commercial development with Esso, McDonalds, Harvester and hotel operators Travelodge, in two phases. Phase 1 extends from the Broxden roundabout along the

erth’s western edge is enjoying a flurry of commercial activity with Grade A

eastbound M90 to the Broxden Park and Ride site. Phase 2 is to the east of the Park and Ride with both sites to be linked by a new access road. To the north of these sites office suites

have recently been let at Broxden House on Lamberkine Drive. 3,500 sq.ft has been let to Mouchel, the international infrastructure and business services group which was recently jointly awarded (with Atkins) the final £40m design contract for the Scottish Government A9 dualling programme. The second office extends to 7,500 sq.ft and has been let to Persimmon Homes who have recently announced major growth plans. Bidwells represented the landlord in both of these deals with the lets representing the largest office deals in the city for the past three years. In further positive news for the area,

Bidwells has also announced that the unique first floor office space at Merlin House (formerly the Cherrybank Gardens visitor centre) on nearby Necessity Brae has also been leased, within 3 months of coming on the market, on behalf of the owners, engineering consultancy Merlin ERD who themselves occupy the

ground floor. Graeme Duncan, Partner and Head of

Commercial with Bidwells Scotland said: “The development sites are fresh to the

market and mark an exciting time for the City of Perth. We are delighted to be representing the current owners who appreciate the importance of this location and are keen that these sites are developed with sensitivity to the environmental landscape. "With the recent take-up of Grade A

offices at Broxden and little commercial development since 2010, there is currently very limited supply of modern commercial space available in Perth at present. These new sites provide the opportunity for businesses and developers to create flexible 'Class 4 Business' accommodation within an established mixed use area that is strategically located adjacent to the Broxden roundabout." "We are entering an exciting era for the

western periphery of Perth and Bidwells is delighted to be representing a range of clients who see the city as an ideal location for investment and development.” Visit


by Greig Adams

forgiven for breathing a sigh of relief following a landmark decision in the Inner House of the Court of Session at the


end of the year which has major implications for the interpretation of commercial leases. In essence, the judgement in @sipp

Pension Trustees v Insight Travel Services Ltd reversed what had appeared to be a judicial tendency to rewrite commercial contracts on the grounds that they might be a bad deal for one of the parties. Landlords can now reasonably expect

to enforce “payment” clauses in commercial leases, a right they feared had been taken away from them in a series of previous judicial decisions.


andlords might be

The new situation emerges after a

trilogy of recent Scottish lease dilapidation cases which cast doubt on whether, when a lease ended, a landlord could make the tenant pay the cost of carrying out dilapidation works, irrespective of whether the landlord intended to carry them out. In general terms, at the expiry of a

lease, the landlord is able to make a claim relating to breaches in the tenant’s obligations for payment of the cost of carrying out repairs in order to reinstate the property into the benchmark condition required under the lease. Various defences traditionally were

open to tenants to mitigate this claim, for instance supersession and diminution in value. Increasingly, landlords attempted to nullify such defences by drafting a “payment” clause within the lease. Such a clause was intended under the

lease to ensure that the tenant was contractually liable for making payment for the cost of repairs - removing traditional tenant defences, if the clause was successful. The trilogy of cases, primarily Grove

Investments Limited v Cape Building Products Ltd appeared to conclude that such “payment” clauses were not enforceable and signalled a significant blow for landlords throughout Scotland. However, they have now had the

balance of power restored in a judgement which essentially reversed this position and ruled that the tenant was liable to make payment in accordance with the “payment” clause. The cases highlight the absolute

imperative of taking expert advice when drafting a commercial lease, both for landlords and tenants, to avoid the possibility of expensive mistakes. Solicitors, guided by property

professionals such as surveyors, need to be especially aware of the impact of “payment” clauses at drafting stage of the lease and for tenants to fully understand the impact of such a clause during lease negotiation. Working with people who are fully

cognisant of the area has never been more essential. Greig Adams is Building Surveying

Associate in the Edinburgh Commercial office of DM Hall Chartered Surveyors.


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