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Leasehold Casualties (Scotland) Act 2001

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This is the original version (as it was originally enacted).

7Liability for casualty due by former tenant not to transmit on assignation, or other transfer, of lease

(1)Where—

(a)before, on or after the relevant day a relevant lease is assigned, or otherwise transferred, to a new tenant; and

(b)any casualty payable under the lease by a former tenant is, on such assignation or other transfer, due but unpaid,

the new tenant shall not be liable to pay it.

(2)Nothing in subsection (1) above shall—

(a)entitle a new tenant to recover any amount which he has paid to the landlord;

(b)affect any agreement concluded before the relevant day between a new tenant and the landlord; or

(c)prevent a landlord enforcing any decree obtained before the relevant day against a new tenant.

(3)Any reference in this section to a relevant lease being assigned, or otherwise transferred, includes a reference to the lease being partially assigned or, as the case may be, partially transferred.

(4)This section shall be deemed to have come into force on the relevant day.

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