Explanatory Notes

Long Leases (Scotland) Act 2012

2012 asp 9

7 August 2012

Part 5: Exemption from Conversion and Continuing Leases

Types of exempt leases

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

257.An unregistered lease which otherwise satisfies the requirements for conversion is not a qualifying lease under section 1. This section makes provision for the situation where the lease is subsequently registered.

258.An unregistered lease which is first registered in the year before the appointed day or at any time thereafter is treated as an exempt lease. This enables the lease to be converted into ownership by registering a recall notice under section 67. This procedure gives the landlord of that lease notification of conversion of the lease to ownership and the opportunity to register notices converting conditions into real burdens etc. Where first registration of the lease takes place in the year before the appointed day, section 62 suspends the process of conversion.