Explanatory Notes

Long Leases (Scotland) Act 2012

2012 asp 9

7 August 2012

Part 2: Conversion of Certain Leasehold Conditions to Real Burdens

Effect of conversion on counter-obligations

Section 34: Counter-obligations on conversion

150.This section makes clear that an obligation which is the counterpart of a qualifying condition converted into a real burden also survives and is binding on the former landlord or third party enforcer or any replacement enforcer. An example might be where a tenant is under an obligation to pay for maintenance which is then to be carried out by the landlord. The section does not provide a free-standing right to enforce the counter-obligation but it makes the right to enforce the burden subject to performance of the counter-obligation.

151.Subsection (2) sets out the relevant counter-obligations.