Legal Definitions - kindlie

In Scots law, a kindlie refers to a tenant's legal entitlement to renew their lease agreement for a property. It grants the tenant a right to continue their tenancy beyond the initial term, often under similar conditions, rather than the landlord being able to simply refuse renewal without cause.

Here are some examples to illustrate the concept of a kindlie:

• Agricultural Tenancy: Imagine a family in rural Scotland who has farmed the same plot of land for three generations under a series of long-term leases. As their current 15-year agricultural lease approaches its end, the family can invoke their kindlie right. This legal right allows them to demand a renewal of the lease, ensuring they can continue their farming operations and maintain their livelihood on that land, rather than the landowner being able to easily evict them or lease the land to a new tenant.

  This example illustrates the kindlie as a protection for long-standing agricultural tenants, granting them a legal claim to continue their tenancy and secure their farming future.

• Commercial Property: Consider a small, independent bakery that has been a beloved fixture in a Scottish town for 30 years, operating from the same rented premises. The bakery has built a strong customer base and a reputation in that specific location. As their current commercial lease nears its expiration, the bakery owner can assert their kindlie right to renew the lease. This prevents the landlord from simply refusing to extend the agreement, which would otherwise force the bakery to relocate, potentially losing customers and disrupting their established business.

  Here, the kindlie protects a commercial tenant's established business and goodwill by providing a legal basis for them to renew their occupancy in a crucial location.