Long Leases (Scotland) Act 2012

2012 asp 9 · Enacted 7 August 2012 · Extends to Scotland

Contents

1. Part 1: Conversion of long lease to ownership
2. Determination of “qualifying lease”
3. 1Meaning of “qualifying lease”
4. 2Further provision about annual rent
5. 3Only one lease is qualifying lease
6. Conversion of right of lease to ownership
7. 4Conversion of right of lease to right of ownership
8. Consequences of conversion
9. 5Extinction of certain rights and obligations
10. 6Subordinate real rights, reservations and pertinents
11. 7Creation of servitudes on conversion
12. 8Conversion of reserved sporting rights
13. 9Further provision for section 8
14. Part 2: Conversion of certain leasehold conditions to real burdens
15. Determination of “qualifying conditions”
16. 10Qualifying conditions
17. 11Restriction on conversion of qualifying conditions
18. Meaning of “qualifying land”
19. 12Meaning of “qualifying land”
20. Entitlement to enforce qualifying conditions
21. 13Determination of who may enforce condition
22. Conversion of conditions to burdens
23. 14Conversion by nomination of benefited property
24. 15Conversion by nomination: registration
25. 16Conversion by nomination: effect
26. 17Conversion by agreement
27. 18Conversion by agreement: registration
28. 19Conversion by agreement: effect
29. 20Conversion by agreement: title not completed
30. Applications relating to section 14
31. 21Lands Tribunal order
32. 22Dealing with application under section 21
33. Personal real burdens
34. 23Conversion to personal pre-emption or redemption burden
35. 24Conversion to economic development burden
36. 25Conversion to health care burden
37. 26Conversion to climate change burden
38. 27Conversion to conservation burden: rule one
39. 28Conversion to conservation burden: rule two
40. Other real burdens
41. 29Conversion to facility or service burden
42. 30Conversion to manager burden
43. 31Conversion where common scheme affects related properties
44. 32Conversion where expressly enforceable by certain third parties
45. Exclusions from conversion
46. 33Qualifying condition where obligation assumed by public authority
47. Effect of conversion on counter-obligations
48. 34Counter-obligations on conversion
49. Prescription
50. 35Prescriptive period for converted conditions
51. Notices and agreements under this Part
52. 36Further provision for notices and agreements
53. Part 3: Allocation of rents and renewal premiums etc.
54. Key terms
55. 37Partially continuing leases and renewal obligations etc.
56. 38Cumulo rent and cumulo renewal premium
57. Allocation of rent
58. 39Allocation of cumulo rent before appointed day
59. 40Allocation of cumulo rent after appointed day
60. 41Partially continuing leases: allocation of rent
61. Allocation of renewal premium
62. 42Allocation of cumulo renewal premium
63. 43Partially continuing leases: allocation of renewal premium
64. Allocation disputed or not made
65. 44Allocation disputed or not made: reference to Lands Tribunal
66. Part 4: Compensation for loss of landlord's rights
67. Compensatory payment
68. 45Requiring compensatory payment
69. 46Making compensatory payment
70. Calculation of compensatory payment
71. 47Calculation of the compensatory payment
72. Annual rent
73. 48Determination of the annual rent
74. Renewal premiums
75. 49Calculation of notional annual renewal premium
76. Additional payment
77. 50Claiming additional payment
78. 51Extinguished rights
79. 52Calculating additional payment
80. 53Additional payment: former tenant agrees
81. 54Additional payment: amount mutually agreed
82. 55Claim for additional payment: reference to Lands Tribunal
83. Supplementary
84. 56Claims in excess of £500: preliminary notice
85. 57Making payment by instalments
86. 58Collecting third party to disclose information
87. 59Duty to disclose identity etc. of former tenant
88. 60Prescription of requirement to make payment
89. 61Interpretation of Part 4
90. Part 5: Exemption from conversion and continuing leases
91. Exempt leases
92. 62Exempt leases
93. Types of exempt lease
94. 63Exemption of qualifying lease by registration of notice
95. 64Exemption of qualifying lease by registration of agreement or order
96. 65Certain leases registered near or after the appointed day
97. 66Subleases of exempt leases
98. Recall of exemption
99. 67Recall of exemption
100. Supplementary
101. 68Exemption and recall notices: supplementary
102. 69Application to Lands Tribunal for order confirming rent
103. Part 6: General and miscellaneous
104. The appointed day
105. 70The appointed day
106. Duration of lease etc.
107. 71Determining duration of lease
108. 72Leases continuing on tacit relocation
109. Extinction of right of irritancy in certain leases
110. 73Extinction of right of irritancy in certain leases
111. Notices etc.
112. 74Service of notices
113. 75Notices: pre-registration requirements
114. 76Keeper's duty as regards documents
115. 77Disputed notices: reference to Lands Tribunal
116. 78Certain documents registrable despite initial rejection
117. Miscellaneous
118. 79Amendments to enactments
119. 80Interpretation
120. 81Ancillary provision
121. 82Subordinate legislation
122. 83Commencement
123. 84Short title
124. Schedule: Minor and consequential amendments
125. Conveyancing and Feudal Reform (Scotland) Act 1970 (c.35)
126. 1Paragraph 1
127. Tribunals and Inquiries Act 1992 (c.53)
128. 2Paragraph 2
129. Title Conditions (Scotland) Act 2003 (asp 9)
130. 3Paragraph 3