Newsagent RS McColl has been forced to resume trading at Shandwick Square shopping centre in Easterhouse near Glasgow, seven months after closing one of its two units at the complex.
A week before it was due to face Shandwick Square's landlord across a Scottish court, RS McColl, has bowed to the inevitable of having a 'keep open' clause in its lease. These tend to be interpreted literally in Scotland, whereas English courts are more likely to award damages, except in the case of anchor stores.
RS McColl's original store at Shandwick Square had been on the market for five years after it found itself in unusual circumstances when it acquired a rival retailer, thereby operating two stores at the centre.
The retailer's attempts to surrender, or assign, the lease on its store, which has 10 years left to run at a passing rent of£21,225 a year, have proved unsuccessful.
While the newsagent continued to pay rent after its marginal store closed, landlord Ossory Property Investments was keen to ensure units did not become vacant at Shandwick Square. RS McColl head of estates James Moran said, Ossory saw 'no advantage in changing the status quo'.
Burness lawyer Gary Moffat, the law firm acting for Ossory, said: 'Our client had to weigh this up very carefully. Nevertheless, they decided they had no alternative to taking the matter all the way.'
Last month, Scotland's High Court also enforced a keep open clause against fast food operator McDonald's over a unit at Oak Mall Shopping Centre in Greenock.
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