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Long Leases (Scotland) Act 2012

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Long Leases (Scotland) Act 2012. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

  3. Overview of Act

  4. Part 1: Conversion of Long Lease to Ownership

    1. Overview of Part 1 of the Act

    2. Determination of “qualifying lease”

      1. Section 1: Meaning of “qualifying lease”

      2. Section 2: Further provision about annual rent

      3. Section 3: Only one lease is qualifying lease

    3. Conversion of right of lease to ownership

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

    4. Consequences of conversion

      1. Section 5: Extinction of certain rights and obligations

      2. Section 6: Subordinate real rights, reservations and pertinents

      3. Section 7: Creation of servitudes on conversion

      4. Section 8: Conversion of reserved sporting rights

      5. Section 9: Further provision for section 8

  5. Part 2: Conversion of Certain Leasehold Conditions to Real Burdens

    1. Overview of Part 2 of the Act

    2. Determination of “qualifying conditions”

      1. Section 10: Qualifying conditions

      2. Section 11: Restriction on conversion of qualifying conditions

    3. Meaning of “qualifying land”

      1. Section 12: Meaning of “qualifying land”

    4. Entitlement to enforce qualifying conditions

      1. Section 13: Determination of who may enforce condition

    5. Conversion of conditions to burdens

      1. Section 14: Conversion by nomination of benefited property

      2. Section 15: Conversion by nomination: registration

      3. Section 16: Conversion by nomination: effect

      4. Section 17: Conversion by agreement

      5. Section 18: Conversion by agreement: registration

      6. Section 19: Conversion by agreement: effect

      7. Section 20: Conversion by agreement: title not completed

    6. Applications relating to section 14

      1. Section 21: Lands Tribunal order

      2. Section 22: Dealing with application under section 21

    7. Personal real burdens

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

      2. Section 24: Conversion to economic development burden

      3. Section 25: Conversion to health care burden

      4. Section 26: Conversion to climate change burden

      5. Section 27: Conversion to conservation burden: rule one

      6. Section 28: Conversion to conservation burden: rule two

    8. Other real burdens

      1. Section 29: Conversion to facility or service burden

      2. Section 30: Conversion to manager burden

      3. Section 31: Conversion where common scheme affects related properties

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

    9. Exclusions from conversion

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

    10. Effect of conversion on counter-obligations

      1. Section 34: Counter-obligations on conversion

    11. Prescription

      1. Section 35: Prescriptive period for converted conditions

    12. Notices and agreements under this Part

      1. Section 36: Further provision for notices and agreements

  6. Part 3: Allocation of Rents and Renewal Premiums Etc.

    1. Overview of Part 3 of the Act

    2. Key terms

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

      2. Section 38: Cumulo rent and cumulo renewal premium

    3. Allocation of rent

      1. Section 39: Allocation of cumulo rent before appointed day

      2. Section 40: Allocation of cumulo rent after appointed day

      3. Section 41: Partially continuing leases: allocation of rent

    4. Allocation of renewal premium

      1. Section 42: Allocation of cumulo renewal premium

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

    5. Allocation disputed or not made

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

  7. Part 4: Compensation for Loss of Landlord’s Rights

    1. Overview of Part 4 of the Act

    2. Compensatory payment

      1. Section 45: Requiring compensatory payment

      2. Section 46: Making compensatory payment

    3. Calculation of compensatory payment

      1. Section 47: Calculation of the compensatory payment

    4. Annual rent

      1. Section 48: Determination of the annual rent

    5. Renewal premiums

      1. Section 49: Calculation of notional annual renewal premium

    6. Additional payment

      1. Section 50: Claiming additional payment

      2. Section 51: Extinguished rights

      3. Section 52: Calculating additional payment

      4. Section 53: Additional payment: former tenant agrees

      5. Section 54: Additional payment: amount mutually agreed

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

    7. Supplementary

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

      2. Section 57: Making payment by instalments

      3. Section 58: Collecting third party to disclose information

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

      5. Section 60: Prescription of requirement to make payment

      6. Section 61: Interpretation of Part 4

  8. Part 5: Exemption from Conversion and Continuing Leases

    1. Overview of Part 5 of the Act

    2. Exempt leases

      1. Section 62: Exempt leases

    3. Types of exempt leases

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

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

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

      4. Section 66: Subleases of exempt leases

      5. Section 67: Recall of exemption

    4. Supplementary

      1. Section 68: Exemption and recall notices: supplementary

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

  9. Part 6: General and Miscellaneous

    1. Overview of Part 6 of the Act

    2. The appointed day

      1. Section 70: The appointed day

    3. Duration of lease etc

      1. Section 71: Determining duration of lease

      2. Section 72: Leases continuing on tacit relocation

    4. Extinction of right of irritancy in certain leases

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

      2. Section 74: Service of notices

      3. Section 75: Notices: pre-registration requirements

      4. Section 76: Keeper’s duty as regards documents

      5. Section 77: Disputed notices: reference to Lands Tribunal

      6. Section 78: Certain documents registrable despite initial rejection

    5. Miscellaneous

      1. Section 79: Amendments to enactments

      2. Section 80: Interpretation

      3. Section 81: Ancillary provision

      4. Section 82: Subordinate legislation

      5. Section 83: Commencement

      6. Section 84: Short title

    6. Schedule

  10. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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