Leasehold Casualties (Scotland) Act 2001

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

(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.