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Long Leases (Scotland) Act 2012

INTRODUCTION AND BACKGROUND

The Long Leases (Scotland) Act 2012 (the Act) is the final part of a series of legislative reforms to the system of property law in Scotland based on reports published by the Scottish Law Commission .

 Previous Scottish Law Commission Reports resulted in:

  • The Abolition of Feudal Tenure etc. (Scotland) Act 2000.
  • The Title Conditions (Scotland) Act 2003.
  • The Tenements (Scotland) Act 2004.

The 2012 Act converts ultra-long leases into ownership on the “appointed day” – this will be 28 November 2015.   “Ultra-long leases” are leases that were let for over 175 years and, for residential leases, have over 100 years left to run from the appointed day  and, for non-residential leases, have over 175 years left to run from the appointed day.

Under the 2012 Act, compensatory payments for a former landlord are based on the annual rent payable under the ultra-long lease in question.  In some circumstances, additional payments may be payable by tenants to landlords.

Some leasehold conditions are preserved and become real burdens in the title deeds.

Additional guidance can be obtained from Registers of Scotland

Long Leases (Scotland) Act 2012

Explanatory Notes

Policy Memorandum

Parliamentary Committee process

Long Leases (Scotland) Bill Consultation

Long Leases (Scotland) Act 2012 (Commencement No. 1) Order 2013

The Long Leases (Appeal Period) (Scotland) Order 2014

The Long Leases (Prescribed Form of Notices etc.) (Scotland) Regulations 2014

The Lands Tribunal for Scotland Amendment (Fees) Rules 2014