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Long Leases (Scotland) Act 2012

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This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Conversion of long lease to ownership

    1. Determination of “qualifying lease”

      1. 1.Meaning of “qualifying lease”

      2. 2.Further provision about annual rent

      3. 3.Only one lease is qualifying lease

    2. Conversion of right of lease to ownership

      1. 4.Conversion of right of lease to right of ownership

    3. Consequences of conversion

      1. 5.Extinction of certain rights and obligations

      2. 6.Subordinate real rights, reservations and pertinents

      3. 7.Creation of servitudes on conversion

      4. 8.Conversion of reserved sporting rights

      5. 9.Further provision for section 8

  3. Part 2 Conversion of certain leasehold conditions to real burdens

    1. Determination of “qualifying conditions”

      1. 10.Qualifying conditions

      2. 11.Restriction on conversion of qualifying conditions

    2. Meaning of “qualifying land”

      1. 12.Meaning of “qualifying land”

    3. Entitlement to enforce qualifying conditions

      1. 13.Determination of who may enforce condition

    4. Conversion of conditions to burdens

      1. 14.Conversion by nomination of benefited property

      2. 15.Conversion by nomination: registration

      3. 16.Conversion by nomination: effect

      4. 17.Conversion by agreement

      5. 18.Conversion by agreement: registration

      6. 19.Conversion by agreement: effect

      7. 20.Conversion by agreement: title not completed

    5. Applications relating to section 14

      1. 21.Lands Tribunal order

      2. 22.Dealing with application under section 21

    6. Personal real burdens

      1. 23.Conversion to personal pre-emption or redemption burden

      2. 24.Conversion to economic development burden

      3. 25.Conversion to health care burden

      4. 26.Conversion to climate change burden

      5. 27.Conversion to conservation burden: rule one

      6. 28.Conversion to conservation burden: rule two

    7. Other real burdens

      1. 29.Conversion to facility or service burden

      2. 30.Conversion to manager burden

      3. 31.Conversion where common scheme affects related properties

      4. 32.Conversion where expressly enforceable by certain third parties

    8. Exclusions from conversion

      1. 33.Qualifying condition where obligation assumed by public authority

    9. Effect of conversion on counter-obligations

      1. 34.Counter-obligations on conversion

    10. Prescription

      1. 35.Prescriptive period for converted conditions

    11. Notices and agreements under this Part

      1. 36.Further provision for notices and agreements

  4. Part 3 Allocation of rents and renewal premiums etc.

    1. Key terms

      1. 37.Partially continuing leases and renewal obligations etc.

      2. 38.Cumulo rent and cumulo renewal premium

    2. Allocation of rent

      1. 39.Allocation of cumulo rent before appointed day

      2. 40.Allocation of cumulo rent after appointed day

      3. 41.Partially continuing leases: allocation of rent

    3. Allocation of renewal premium

      1. 42.Allocation of cumulo renewal premium

      2. 43.Partially continuing leases: allocation of renewal premium

    4. Allocation disputed or not made

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

  5. Part 4 Compensation for loss of landlord’s rights

    1. Compensatory payment

      1. 45.Requiring compensatory payment

      2. 46.Making compensatory payment

    2. Calculation of compensatory payment

      1. 47.Calculation of the compensatory payment

    3. Annual rent

      1. 48.Determination of the annual rent

    4. Renewal premiums

      1. 49.Calculation of notional annual renewal premium

    5. Additional payment

      1. 50.Claiming additional payment

      2. 51.Extinguished rights

      3. 52.Calculating additional payment

      4. 53.Additional payment: former tenant agrees

      5. 54.Additional payment: amount mutually agreed

      6. 55.Claim for additional payment: reference to Lands Tribunal

    6. Supplementary

      1. 56.Claims in excess of £500: preliminary notice

      2. 57.Making payment by instalments

      3. 58.Collecting third party to disclose information

      4. 59.Duty to disclose identity etc. of former tenant

      5. 60.Prescription of requirement to make payment

      6. 61.Interpretation of Part 4

  6. Part 5 Exemption from conversion and continuing leases

    1. Exempt leases

      1. 62.Exempt leases

    2. Types of exempt lease

      1. 63.Exemption of qualifying lease by registration of notice

      2. 64.Exemption of qualifying lease by registration of agreement or order

      3. 65.Certain leases registered near or after the appointed day

      4. 66.Subleases of exempt leases

    3. Recall of exemption

      1. 67.Recall of exemption

    4. Supplementary

      1. 68.Exemption and recall notices: supplementary

      2. 69.Application to Lands Tribunal for order confirming rent

  7. Part 6 General and miscellaneous

    1. The appointed day

      1. 70.The appointed day

    2. Duration of lease etc.

      1. 71.Determining duration of lease

      2. 72.Leases continuing on tacit relocation

    3. Extinction of right of irritancy in certain leases

      1. 73.Extinction of right of irritancy in certain leases

    4. Notices etc.

      1. 74.Service of notices

      2. 75.Notices: pre-registration requirements

      3. 76.Keeper’s duty as regards documents

      4. 77.Disputed notices: reference to Lands Tribunal

      5. 78.Certain documents registrable despite initial rejection

    5. Miscellaneous

      1. 79.Amendments to enactments

      2. 80.Interpretation

      3. 81.Ancillary provision

      4. 82.Subordinate legislation

      5. 83.Commencement

      6. 84.Short title

    1. Schedule

      Minor and consequential amendments

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