Community Empowerment (Scotland) Act 2015 Explanatory Notes

Notice of termination: sublease by local authority

434.Where an allotment site is leased to a local authority and then the authority sub-leases either the site or particular allotments on the site to subtenants, it is possible that the local authority’s landlord may terminate the head lease granted to the local authority in whole or in part. The effect of this is that the sublease(s) granted by the local authority in relation to that site or part of site will come to an end on the date that the head lease between the landlord and the local authority comes to an end. Section 128 applies in these circumstances.

435.Subsection (2) places an obligation on the local authority to send a copy of the notice of termination of the head lease to each subtenant and inform them that the effect of the termination of the head lease will be the termination of the sublease(s).

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