Part 6

Rights of certain persons where tenant is a partnership

Rights of certain persons where tenant is a partnership
70
1
Subsection (2) applies to—
a
a 1991 Act tenancy if the lease constituting the tenancy is entered into on or after the coming into force of this section; and
b
a tenancy under a lease constituting a short limited duration tenancy , a limited duration tenancy, a modern limited duration tenancy or a repairing tenancy ,
where the tenant is a partnership.
2
Where this subsection applies and—
a
any partner is—
i
the landlord or an associate of the landlord; or
ii
a partnership or a company in which the landlord has a relevant interest; and
b
there is any other partner,
subsections (3) and (4) apply.
3
Where this subsection applies, any partner not mentioned in subsection (2)(a) may exercise or enforce any right of a tenant conferred by virtue of this Act or the 1991 Act as if the partner were the tenant in the partner’s own right.
4
Where this subsection applies, if the tenancy purports to be terminated as a consequence of—
a
the dissolution of the partnership—
i
in accordance with the partnership agreement; or
ii
due to the actings of any partner mentioned in subsection (2)(a);
b
the renunciation of the tenancy by such a partner; or
c
a breach of the tenancy by such a partner,
subsection (5) applies.
5
Where this subsection applies, notwithstanding the purported termination of the tenancy—
a
the tenancy continues to have effect; and
b
any partner not mentioned in subsection (2)(a) becomes the tenant (or a joint tenant) under the tenancy in the partner’s own right,
if the partner gives notice to the landlord in accordance with subsection (6).
6
Notice is given in accordance with this subsection if—
a
it is in writing;
b
it is given within 28 days of the purported termination of the tenancy; and
c
it states that the partner intends to become the tenant (or a joint tenant) under the tenancy in the partner’s own right.
7
For the purposes of this section and section 72, a landlord has a relevant interest in a partnership or company if the landlord or an associate of the landlord is—
a
a partner in the partnership;
b
a partner in a partnership which forms part of the partnership;
c
a shareholder in the company; or
d
the holder of a standard security or floating charge over an interest in a tenancy where the partnership or the company is a partner in the tenant.
8
For the purposes of this section and section 72, a person is an associate of a landlord if the person is—
a
where the landlord is a partnership or a company, a partner in the landlord or, as the case may be, a shareholder of the landlord;
b
where an associate of the landlord is a partnership or a company, a partner in or, as the case may be, a shareholder of that associate;
c
an agent of the landlord or of an associate of the landlord; or
d
a member of the landlord’s family.
9
The Scottish Ministers may by order modify (either or both) subsections (7) and (8).
S. 70(7)(8) in force at 22.5.2003 for specified purposes by S.S.I. 2003/248, art. 2
S. 70(7)(8) in force at 1.7.2003 for specified purposes by S.S.I. 2003/305, art. 2
S. 70(1)-(6) (9) in force at 27.11.2003 by S.S.I. 2003/548, art. 2(f) (with Sch.)
S. 70(7)(8) in force at 27.11.2003 in so far as not already in force by S.S.I. 2003/548, art. 2(f) (with Sch.)
Words in s. 70(1)(b) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(26) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)