(1)It shall be a condition of every long lease executed after the commencement of this Act that, subject to the provisions of this Part of this Act, no part of the property which is subject to the lease shall be used as or as part of a private dwelling-house.
(2)For the purposes of this Part of this Act, any garden, yard, garage, outhouse or pertinent used along with any dwelling-house shall be deemed to form part of a dwelling-house, and use as a dwelling-house shall not include use as the site of a caravan.
(3)The use as or as part of a private dwelling-house of part of a property which is subject to a long lease shall not constitute a breach of the condition contained in subsection (1) above if such use is ancillary to the use of the remainder of the property otherwise than as or as part of a private dwelling-house and it would be detrimental to the efficient exercise of the use last-mentioned if the said ancillary use did not occur on that property.
(4)For the purposes of this Part of this Act—
“lessor” and “lessee” mean any person holding for the time being the interest of lessor or lessee (as the case may be); and
“long lease” means any grant of—
(a)a lease, or
(b)a liferent or other right of occupancy granted for payment (other than payment in defrayal of or contribution towards some continuing cost related to such liferent use or such occupancy, as the case may be),
which is either—
(i)subject to a duration, whether definite or indefinite, which could (in terms of the grant and without any subsequent agreement, express or implied, between the persons holding the interests of the grantor and the grantee) extend for more than 20 years, or
(ii)subject to any provision whereby any person holding the interest of the grantor or the grantee is under a future obligation, if so requested by the other, to renew the grant so that the total duration could so extend for more than 20 years, or whereby, if he does not so renew it, he will be liable to make some payment or to perform some other obligation [F1but, in relation to a lease granted before 1st September 1974, does not include its renewal (whether before or after the commencement of section 1 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985) in implement of an obligation in or under it.]
(5)This Part of this Act shall not apply in relation to the use of property for the time being forming part or deemed to form part of—
(a)an agricultural holding, within the meaning of the [F2Agricultural Holdings (Scotland) Act 1991];
(b)a holding, within the meaning of the Small Landholders (Scotland) Acts 1886 to 1931;
(c)a croft, within the meaning of the M1 Crofters (Scotland) Acts 1955 and 1961.
(6)Nothing in this Part of this Act shall affect the right of the lessor to terminate the lease and recover possession of the property subject thereto on the ground of breach of a conventional condition of the lease which has the effect of prohibiting such use of the property as constitutes a breach of the condition contained in subsection (1) above.
(7)Nothing in this Part of this Act shall prevent a tenancy from being or becoming a protected or statutory tenancy within the meaning of the Rent (Scotland) Act [F31984 or a [F4Scottish secure tenancy within the meaning of the Housing (Scotland) Act 2001 (asp 10)]], but nothing in [F5either of those Acts] restricting the power of a court to make an order for possession of a dwelling-house shall prevent the granting of a decree of removing under section 9(1) of this Act.
Textual Amendments
F1Words inserted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73, SIF 75:2), s. 1
F2Words in s. 8(5)(a) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55), ss. 88(1), 89(2), Sch. 11 para. 38 (with s. 45(3), Sch. 12 para. 3)
F3Words substituted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 3(a)
F4Words in s. 8(7) substituted (30.9.2002) by 2001 asp 10, s. 112, Sch. 10 para. 4; S.S.I. 2002/321, art. 2, Sch. (subject to transitional provisions in arts. 3-5)
F5Words substituted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 25(1), Sch. 2 para. 3(b)
Marginal Citations