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Land Tenure Reform (Scotland) Act 1974

Consolidated Text As Enacted Cited authorities 67 Cited in Amendments 112 Related
Vincent
JurisdictionUK Non-devolved
Citation1974 c. 38
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    • (1) No deed executed after the commencement of this Act shall impose ground annual, skat or any other periodical payment (2) A provision in a deed executed after such commencement which purports to impose any payment to which subsection (1) above applies shall not render the deed void or unenforceable, but the deed shall have effect only to the extent (if any) that it would have had effect under the law in force before such commencement if it had not imposed any such payment.(3)
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    • (1) It shall be a condition of every long lease executed after the commencement of this Act that, subject to the provisions of this Part of this Act, no part of the property which is subject to the lease shall be used as or as part of a private dwelling-house.(2) For the purposes of this Part of this Act, any garden, yard, garage, outhouse or pertinent used along with any dwelling-house shall be deemed to form part of a dwelling-house, and use as a dwelling-house shall not include use as the site of a caravan.(3) The use as or as part of a private dwelling-house of part of a property which is subject to a long lease shall not constitute a breach of the condition contained in subsection (1) above if such use is ancillary to the use of the remainder of the property otherwise than as or as part of a private dwelling-house and it would be detrimental to the efficient exercise of the use last-mentioned if the said ancillary use did not occur on that property.(3ZA) The condition contained in subsection (1) above does not apply in relation to a private residential tenancy as defined in the Private Housing (Tenancies) (Scotland) Act 2016.a social landlord (within the meaning of section 165 of the Housing (Scotland) Act 2010) ; a body connected to a social landlord (within the meaning of section 164 of the Housing (Scotland) Act 2010) ; ... a rural housing body (within the meaning of section 122(1) of the Title Conditions (Scotland) Act 2003) F25; or(d) a body prescribed, or of a type prescribed, by the Scottish Ministers by order made by statutory instrument.prescribe a body or type of body subject to conditions or restrictions,prescribe conditions which a body or type of body must meet for the purposes of subsection (3A) ,restrict the application of subsection (3A) to specified leases, or leases of specified descriptions,prescribe circumstances in which subsection (3A) is to apply or cease to apply in relation to a body or type of body or any lease,a breach of any condition or restriction prescribed by the order, orsubsection (3A) otherwise ceasing to apply in relation to a body or type of body or the lease.(3C) Provision made by virtue of subsection (3B) (e) may, in particular, include provision for the protection of the interests of tenants or occupiers of any dwelling-houses on the property which is subject to the lease.

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