Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3)

Part 4 S Land attachment and residual attachment

Chapter 2 S Attachment of land

Consequences of land attachment S

Prospective

86 Lease granted after registration of notice of land attachment S

(1) This section applies where—

(a) a notice of land attachment is registered;

(b) during the period of 28 days mentioned in section 81(3) of this Act—

(i) the debtor; or

(ii) a tenant of the debtor,

grants a lease of land (or a part of it) specified in the notice; and

(c) a land attachment is, on the expiry of that period, created.

(2) Subject to section 163(2) to (4) of this Act (restriction on reduction of leases granted in breach of inhibition), any such lease is reducible at the instance of the creditor.

(3) In subsection (1)(b) above, “tenant” includes any subtenant of the tenant and “lease” includes a sublease.