Andrew Sweeney, The Landlord's Hypothec
| DOI | 10.3366/elr.2023.0816 |
| Author | |
| Pages | 114-115 |
| Date | 01 January 2023 |
| Published date | 01 January 2023 |
For all that it has been declared endangered since the abolition of its enforcement mechanism, sequestration for rent, by section 208 of the Bankruptcy and Diligence etc (Scotland) Act 2007, the landlord’s hypothec is still very much with us. By giving the landlord security over the tenant’s goods that are on the premises, the hypothec continues to give a preference to the landlord on the tenant’s insolvency. As with much of Scots private law, though, it has been an under-researched area. Dr Sweeney’s book, an entry in the Edinburgh Legal Education Trust’s series Studies in Scots Law, aims to fill that gap in the literature.
I, for one, found the book absolutely fascinating. The core of the book is the law on the landlord’s hypothec as it stands, considering how it comes into existence, the rules governing its operation and its enforcement, and how it comes to an end. There is also an account of the historical development of the...
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