Long Leases (Scotland) Act 2012
Part 1Conversion of long lease to ownership
Determination of “qualifying lease”
1Meaning of “qualifying lease”
2Further provision about annual rent
3Only one lease is qualifying lease
Conversion of right of lease to ownership
4Conversion of right of lease to right of ownership
Consequences of conversion
5Extinction of certain rights and obligations
6Subordinate real rights, reservations and pertinents
7Creation of servitudes on conversion
8Conversion of reserved sporting rights
9Further provision for section 8
Part 2Conversion of certain leasehold conditions to real burdens
Determination of “qualifying conditions”
10Qualifying conditions
11Restriction on conversion of qualifying conditions
Meaning of “qualifying land”
12Meaning of “qualifying land”
Entitlement to enforce qualifying conditions
13Determination of who may enforce condition
Conversion of conditions to burdens
14Conversion by nomination of benefited property
15Conversion by nomination: registration
16Conversion by nomination: effect
17Conversion by agreement
18Conversion by agreement: registration
19Conversion by agreement: effect
20Conversion by agreement: title not completed
Applications relating to section 14
21Lands Tribunal order
22Dealing with application under section 21
Personal real burdens
23Conversion to personal pre-emption or redemption burden
24Conversion to economic development burden
25Conversion to health care burden
26Conversion to climate change burden
27Conversion to conservation burden: rule one
28Conversion to conservation burden: rule two
Other real burdens
29Conversion to facility or service burden
30Conversion to manager burden
31Conversion where common scheme affects related properties
32Conversion where expressly enforceable by certain third parties
Exclusions from conversion
33Qualifying condition where obligation assumed by public authority
Effect of conversion on counter-obligations
34Counter-obligations on conversion
Prescription
35Prescriptive period for converted conditions
Notices and agreements under this Part
36Further provision for notices and agreements
Part 3Allocation of rents and renewal premiums etc.
Key terms
37Partially continuing leases and renewal obligations etc.
38Cumulo rent and cumulo renewal premium
Allocation of rent
39Allocation of cumulo rent before appointed day
40Allocation of cumulo rent after appointed day
41Partially continuing leases: allocation of rent
Allocation of renewal premium
42Allocation of cumulo renewal premium
43Partially continuing leases: allocation of renewal premium
Allocation disputed or not made
44Allocation disputed or not made: reference to Lands Tribunal
Part 4Compensation for loss of landlord's rights
Compensatory payment
45Requiring compensatory payment
46Making compensatory payment
Calculation of compensatory payment
47Calculation of the compensatory payment
Annual rent
48Determination of the annual rent
Renewal premiums
49Calculation of notional annual renewal premium
Additional payment
50Claiming additional payment
51Extinguished rights
52Calculating additional payment
53Additional payment: former tenant agrees
54Additional payment: amount mutually agreed
55Claim for additional payment: reference to Lands Tribunal
Supplementary
56Claims in excess of £500: preliminary notice
57Making payment by instalments
58Collecting third party to disclose information
59Duty to disclose identity etc. of former tenant
60Prescription of requirement to make payment
61Interpretation of Part 4
Part 5Exemption from conversion and continuing leases
Exempt leases
62Exempt leases
Types of exempt lease
63Exemption of qualifying lease by registration of notice
64Exemption of qualifying lease by registration of agreement or order
65Certain leases registered near or after the appointed day
66Subleases of exempt leases
Recall of exemption
67Recall of exemption
Supplementary
68Exemption and recall notices: supplementary
69Application to Lands Tribunal for order confirming rent
Part 6General and miscellaneous
The appointed day
70The appointed day
Duration of lease etc.
71Determining duration of lease
72Leases continuing on tacit relocation
Extinction of right of irritancy in certain leases
73Extinction of right of irritancy in certain leases
Notices etc.
74Service of notices
75Notices: pre-registration requirements
76Keeper's duty as regards documents
77Disputed notices: reference to Lands Tribunal
78Certain documents registrable despite initial rejection
Miscellaneous
79Amendments to enactments
80Interpretation
81Ancillary provision
82Subordinate legislation
83Commencement
84Short title
SCHEDULEMinor and consequential amendments
Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)
1In section 9(2B) (no standard security over personal pre-emption burden...
Tribunals and Inquiries Act 1992 (c.53)
2In section 11(7) of the Tribunal and Inquiries Act 1992...
Title Conditions (Scotland) Act 2003 (asp 9)
3(1) The 2003 Act is amended in accordance with this...

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.