Extinction of right of irritancy in certain leases
Section 73: Extinction of right of irritancy in certain leases
279.This section prevents the termination by irritancy of a lease of land granted for a period of more than 175 years which has an unexpired duration of more than 100 years (for residential leases) or has an unexpired duration of more than 175 years (for non-residential leases) and is not excluded by section 1(4) or section 64. The lease does not have to be registered to be covered by this section.
280.Irritancy is the premature termination of the lease by the landlord, when the tenant has failed to comply with one or more of the tenant’s obligations under the lease. It includes a provision in a lease which deems a failure of the tenant to comply with any provision in the lease to be a material breach of contract. Any proceedings already commenced in relation to irritancy of a lease covered by this section are deemed to be abandoned (subsection (4)). However, any final decree granted is not affected (subsection (5)).
Section 74: Service of notices
281.This section sets out the rules for service of a notice (and preliminary notice) in respect of a compensatory or additional payment and in respect of serving notices to enter into an agreement with a tenant for the purpose of converting a qualifying condition into a real burden in favour of neighbouring land.
282.Liability to pay any compensatory or additional payment depends on service of a notice. The date of service is the starting point for the period allowed for payment or return of the instalment document. The date of service is the date of delivery or posting. When notices are returned undelivered, provision is made for service on the Extractor of the Court of Session.
Section 75: Notices: pre-registration requirements
283.This section applies to notices which require to be submitted for registration under section 8 (sporting rights) or under Part 2.
284.The section provides for the sending of a copy of the notice to the tenant under the qualifying lease. Normally service is by post and must precede registration. The notice must contain a statement about service, or an explanation as to why service was not reasonably practicable.
Section 76: Keeper’s duty as regards documents
285.This section relieves the Keeper of the Registers of Scotland of the need to verify certain matters which the Keeper could not reasonably be expected to check.
Section 77: Disputed notices: reference to Lands Tribunal
286.This section gives the Lands Tribunal a broad jurisdiction to resolve disputes in relation to notices. The section applies not only to notices converting conditions into real burdens under Part 2 but also to notices converting reserved sporting rights (section 8) and to exemption and recall notices (sections 63, 64 and 67).
Section 78: Certain documents registrable despite initial rejection
287.This section allows registration, within limits, if the initial rejection of a notice or agreement by the Keeper is judicially overturned.
288.Subsection (1) identifies the notices and agreements in question.
289.Subsection (2) provides that a notice or agreement has to be registered within 2 months of the determination by the court (defined in subsection (6) as either the Court of Session or the Sheriff Court) or the Lands Tribunal. Under subsections (3) and (4), a notice which is registered after the appointed day is given retrospective effect.
290.Subsection (5) provides for the Scottish Ministers to specify a period of time within which application has to be made to the court or the Lands Tribunal. A different period may be prescribed for exempt leases as an exempt lease can be recalled at any time (other than a lease exempted under section 64) and so the appointed day for that lease is uncertain.