Paragraph 38

(1)

In this Schedule—

“short tenancy” means a tenancy for a year or from year to year or any lesser interest, and
“long tenancy which is about to expire”, in relation to a general vesting declaration, means a tenancy granted for an interest greater than a short tenancy, but having at the date of the declaration a period still to run which is not more than the specified period (that is to say, such period, longer than one year, as may for the purposes of this paragraph be specified in the declaration in relation to the land in which the tenancy subsists).

(2)

In determining for the purposes of this paragraph what period a tenancy still has to run at the date of a general vesting declaration it shall be assumed—

(a)

that the tenant will exercise any option to renew the tenancy, and will not exercise any option to terminate the tenancy, then or later available to him, and

(b)

that the landlord will exercise any option to terminate the tenancy then or later available to him.

Notes on Schedule 15

Modifications

C1

Sch. 15 applied (with modifications) (23.12.1999) by S.I. 1999/201, art. 26(1)(2)

Sch. 15 applied (with modifications) (23.12.1999) by S.I. 1999/203, art. 27(1)

C2

Sch. 15 applied (with modifications) (2.4.2004) by Highland Council (Inverie) Harbour Empowerment Order 2004 (S.S.I. 2004/171), arts. 1, 26 (with arts. 28, 29)

C3

Sch. 15 applied (with modifications) (18.1.2006) by Highland Council (Raasay) Harbour Revision Order 2006 (S.S.I. 2006/17), arts. 1, 31 (with art. 35)

C4

Sch. 15 applied (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 42(1) (with s. 75)

C5

Sch. 15 applied (8.5.2006) by Edinburgh Tram (Line One) Act 2006 (asp 7), s. 42(1) (with ss. 76, 84)

C6

Sch. 15 applied (24.7.2006) by Waverley Railway (Scotland) Act 2006 (asp 13), s. 42 (with ss. 50(2), 51)

C7

Sch. 15 applied (15.1.2007) by Glasgow Airport Rail Link Act 2007 (asp 1), s. 40(1) (with s. 50)

C8

Sch. 15 applied (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp 16), s. 35(1) (with ss. 52, 60)

C9

Sch. 15 applied (8.5.2007) by Airdrie-Bathgate Railway and Linked Improvements Act 2007 (asp 19), s. 35(1) (with ss. 48, 59)

C10

Sch. 15 applied (with modifications) (1.6.2010) by The Network Rail (Waverley Steps) Order 2010 (S.S.I. 2010/188), arts. 1, 24

C11

Sch. 15 applied (with modifications) (3.2.2011) by Forth Crossing Act 2011 (asp 2), ss. 35(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

C12

Sch. 15 applied (with modifications) (11.4.2017) by The Network Rail (Glasgow Queen Street Station) Order 2017 (S.S.I. 2017/100), arts. 1, 32 (with art. 37)