HM Insights

New Long Leases Regulations

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

Notices are required to implement the conversion of ultra-long leases to ownership under the Long Leases (Scotland) Act 2012. These Regulations prescribe the specified forms of notice under the sections of the Act referred to:

  • Notice for conversion of reserved sporting rights (section 8(2));
  • Notice for conversion of qualifying condition by nomination of benefited property (section 14(2));
  • Notice seeking agreement to the conversion of qualifying conditions (section 17(1)(a));
  • Notices for conversion of qualifying condition into a personal pre-emption burden or personal redemption burden (section 23(1)); an economic development burden (section 24(1)); a health care burden (section 25(1)); a climate change burden (section 26(1)); or a conservation burden (sections 27(1) and 28(1));
  • Notices requiring compensatory payment etc.: cumulo rent, partially continuing lease, ordinary case (section 45(2));
  • Notice requesting additional payment (section 50(2));
  • Further notice requiring additional payment following agreement (section 54(2));
  • Preliminary notices for compensatory payment exceeding £500, and for additional payment exceeding £500 (section 56(2));
  • Instalment document (section 57(2)(a));
  • Notice seeking exemption from conversion of a qualifying lease (section 63(b));
  • Agreement seeking exemption of qualifying lease by registration of agreement (section 64(2)(a));
  • Notice recalling prior exemption from conversion of a qualifying lease (section 67(1)(b));
  • Acknowledgement of service (section 74(3)(a));
  • Certificate of posting (section 74(3)(b));
  • Regulation 20 and Schedule 2 set out the table of life expectancy mentioned in section 71(1)(c)(ii) of the Act for use in certain circumstances in calculating the period of a lease where the period is expressed by reference to the lifetime of a person.

The Regulations came into force on 21st February 2014.

The Regulations can be read here.

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

Section 78 of the Long Leases (Scotland) Act 2012 provides that certain notices and agreements are registrable in the Land Register of Scotland or the Register of Sasines despite having been rejected by the Keeper of the Registers of Scotland.

These notices and agreements can be registered following a determination by the Court of Session, the sheriff court or the Lands Tribunal for Scotland that they are registrable.

This Order provides that any application for such a determination must be made no later than eight weeks after the rejection by the Keeper. That determination may be sought in respect of:

  • a notice submitted before the appointed day for registration under section 8(2) of the Act (conversion of reserved sporting rights) or Part 2 of the Act (conversion of certain leasehold conditions to real burdens);
  • an agreement submitted before the appointed day for registration under section 17(1)(c) of the Act (conversion by agreement of a qualifying condition to a real burden);
  • an exemption notice submitted before the day falling 2 months before the appointed day for registration under section 63 of the Act (exemption notice); and
  • an agreement submitted before the day falling 2 months before the appointed day for registration under section 64(1)(c) of the Act (agreement that annual rent under the lease exceeds £100.)

The Order came into force on 6th March 2014.

The Order can be read here.