Long Leases (Scotland) Act 2012

Cited authorities 42

Cited in

Amendments 40

Jurisdiction	Scotland
Citation	2012 asp 9
Year	2012

Contenidos

Long Leases (Scotland) Act 2012
Part 1: Conversion of long lease to ownership

Determination of “qualifying lease”

1: Meaning of “qualifying lease”
2: Further provision about annual rent
3: Only one lease is qualifying lease

Conversion of right of lease to ownership

4: Conversion of right of lease to right of ownership

Consequences of conversion

5: Extinction of certain rights and obligations
6: Subordinate real rights, reservations and pertinents
7: Creation of servitudes on conversion
8: Conversion of reserved sporting rights
9: Further provision for section 8

Part 2: Conversion of certain leasehold conditions to real burdens

Determination of “qualifying conditions”

10: Qualifying conditions
11: Restriction on conversion of qualifying conditions

Meaning of “qualifying land”

12: Meaning of “qualifying land”

Entitlement to enforce qualifying conditions

13: Determination of who may enforce condition

Conversion of conditions to burdens

14: Conversion by nomination of benefited property
15: Conversion by nomination: registration
16: Conversion by nomination: effect
17: Conversion by agreement
18: Conversion by agreement: registration
19: Conversion by agreement: effect
20: Conversion by agreement: title not completed

Applications relating to section 14

21: Lands Tribunal order
22: Dealing with application under section 21

Personal real burdens

23: Conversion to personal pre-emption or redemption burden
24: Conversion to economic development burden
25: Conversion to health care burden
26: Conversion to climate change burden
27: Conversion to conservation burden: rule one
28: Conversion to conservation burden: rule two

Other real burdens

29: Conversion to facility or service burden
30: Conversion to manager burden
31: Conversion where common scheme affects related properties
32: Conversion where expressly enforceable by certain third parties: Where a qualifying condition is expressed as being enforceable by—

Exclusions from conversion

33: Qualifying condition where obligation assumed by public authority: Sections 29(1) and 31(1) do not apply to a qualifying condition in so far as such condition constitutes an obligation—

Effect of conversion on counter-obligations

34: Counter-obligations on conversion

Prescription

35: Prescriptive period for converted conditions

Notices and agreements under this Part

36: Further provision for notices and agreements

Part 3: Allocation of rents and renewal premiums etc.

Key terms

37: Partially continuing leases and renewal obligations etc.
38: Cumulo rent and cumulo renewal premium

Allocation of rent

39: Allocation of cumulo rent before appointed day
40: Allocation of cumulo rent after appointed day
41: Partially continuing leases: allocation of rent

Allocation of renewal premium

42: Allocation of cumulo renewal premium
43: Partially continuing leases: allocation of renewal premium

Allocation disputed or not made

44: Allocation disputed or not made: reference to Lands Tribunal

Part 4: Compensation for loss of landlord's rights

Compensatory payment

45: Requiring compensatory payment
46: Making compensatory payment

Calculation of compensatory payment

47: Calculation of the compensatory payment

Annual rent

48: Determination of the annual rent

Renewal premiums

49: Calculation of notional annual renewal premium

Additional payment

50: Claiming additional payment
51: Extinguished rights
52: Calculating additional payment
53: Additional payment: former tenant agrees
54: Additional payment: amount mutually agreed
55: Claim for additional payment: reference to Lands Tribunal

Supplementary

56: Claims in excess of £500: preliminary notice
57: Making payment by instalments
58: Collecting third party to disclose information
59: Duty to disclose identity etc. of former tenant
60: Prescription of requirement to make payment: In Schedule 1 to the Prescription and Limitation (Scotland) Act 1973 (c.52) (which specifies obligations affected by prescriptive periods of 5 years under section 6 of that Act)—
61: Interpretation of Part 4

Part 5: Exemption from conversion and continuing leases

Exempt leases

62: Exempt leases

Types of exempt lease

63: Exemption of qualifying lease by registration of notice: A lease is an exempt lease if—
64: Exemption of qualifying lease by registration of agreement or order
65: Certain leases registered near or after the appointed day: A lease is an exempt lease if—
66: Subleases of exempt leases: A sublease of an exempt lease is an exempt lease if—

Recall of exemption

67: Recall of exemption

Supplementary

68: Exemption and recall notices: supplementary
69: Application to Lands Tribunal for order confirming rent

Part 6: General and miscellaneous

The appointed day

70: The appointed day

Duration of lease etc.

71: Determining duration of lease
72: Leases continuing on tacit relocation: Part 4 and section 71(1)(b) apply in relation to a lease which is continuing by tacit relocation as if any provision (however expressed)—

Extinction of right of irritancy in certain leases

73: Extinction of right of irritancy in certain leases

Notices etc.

74: Service of notices
75: Notices: pre-registration requirements
76: Keeper's duty as regards documents
77: Disputed notices: reference to Lands Tribunal
78: Certain documents registrable despite initial rejection

Miscellaneous

79: Amendments to enactments
80: Interpretation
81: Ancillary provision
82: Subordinate legislation
83: Commencement
84: Short title

SCHEDULE (introduced by section 79)
Minor and consequential amendments

Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)
Tribunals and Inquiries Act 1992 (c.53)
Title Conditions (Scotland) Act 2003 (asp 9)

Long Leases (Scotland) Act 2012

2012 asp 9

An Act of the Scottish Parliament to convert certain long leases into ownership; to provide for the conversion into real burdens of certain rights and obligations under such leases; to provide for payment to former owners of land of compensation for loss of it on conversion; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed...

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