Long Leases (Scotland) Act 1954 (c. 49)

1. Introductory Text

2. Part I Grant of Feu Right of Property Let under certain Long Leases

   1. General provisions relating to grant of feu right

      1. 1. Lessee or sub-lessee under certain long leases may require landlord to grant feu right.

      2. 2. Lessee or sub-lessee deemed to be occupying lessee in certain circumstances.

      3. 3. Occupying lessee acquiring right on or after 10th May, 1951, not entitled to require grant of feu right.

      4. 4. Refusal of grant of feu right on ground of public interest.

      5. 5. Power to certain landlords who have acquired property for occupation as residence, etc., to apply to sheriff for declarator refusing grant of feu right.

   2. Notice requiring grant of feu right

      1. 6. Notice requiring grant of feu right.

   3. Payments to be made where feu right granted

      1. 7. Sums payable to landlord by occupying lessee in respect of feu right of subjects let under lease with one hundred years or less unexpired.

      2. 8. Feu-duty payable in respect of feu right of subjects let under lease with over one hundred years unexpired.

      3. 9. Payment to be made to intermediate landlord by occupying lessee on grant of feu right.

      4. 10. Payments to creditors.

   4. Conveyancing provisions

      1. 11. Feu contract to be entered into on grant of feu right.

      2. 12. Rights to minerals.

      3. 13. Execution of feu contract.

      4. 14. Provisions where lease or sub-lease assigned byex facieabsolute assignation.

   5. Continuation of certain leases and sub-leases

      1. 15. Continuation of leases and sub-leases expiring within five years after commencement of Act.

      2. 16. Power to occupying lessee to exclude operation of s. 15.

      3. 17. Restriction on exercise of option to terminate lease or sub-lease.

   6. Supplementary provisions

      1. 18. Rules for determining duration of lease or sub-lease.

      2. 19. Rules for determining rent payable under lease or sub-lease.

      3. 20. Apportionment of rent.

      4. 21. Provisions regarding securities.

      5. 22. Expenses to be borne by occupying lessee.

      6. 23. Provisions regarding notices, etc.

      7. 24. Provisions regarding heirs of entail, etc.

   7. Interpretation of Part I

      1. 25. Interpretation of Part I.

3. Part II Extension and Amendment of Registration of Leases (Scotland) Act, 1857

   1. 26. Extension of 20 & 21 Vict. c. 26.

   2. 27. †Amendment of s. 18 of 20 & 21 Vict. c. 26.

4. Part III General

   1. 28. Applications to sheriff.

   2. 29. Application to Crown.

   3. 30. Construction of references to enactments.

   4. 31. Citation, commencement and extent.

5. SCHEDULES

   1. FIRST SCHEDULE

      Form of Notice to be given by an Occupying Lessee who desires the Grant of a Feu Right under Part I of this Act

      1. (1)

      2. Take notice that A.B. (2) as lessee (orsub-lessee,as the case...

      3. under lease (orsub-lease) entered into between and dated and recorded...

      4. Dated this day of , 19

      5. (Signed) A.B.

      6. or

      7. C.D., W.S., Edinburgh,

      8. Solicitor for the said A.B.

      9. or

      10. E. & F., W.S., Edinburgh,

      11. Solicitors for the said A.B.

      12. (or as the case may be)

      13. Notes

      14. (1) To be addressed to the landlord or to the...

      15. (2) Name and design the occupying lessee.

      16. (3) Describe here the subjects of which a feu right...

      17. (4) Where the occupying lessee is a sub-lessee, add here—...

   2. SECOND SCHEDULE

      Determination of the Appropriate Amount in respect of Casualties Payable under a Lease or a Sub-Lease

      1. 1. The appropriate amount in respect of the casualties payable under...

      2. 2. The appropriate amount determined under the foregoing paragraph shall be...

      3. 3. Where for the purposes of this Schedule it is necessary...

   3. THIRD SCHEDULE

      Table referred to in Paragraph (a) of Subsection (1) of Section Nine of this Act

   4. FOURTH SCHEDULE

      Form of Feu Contract to be used in the Grant of a Feu Right under Part I of this Act

      1. It is contracted and agreed between the parties following, viz:—A.B....

      2. Notes.

      3. +4 Subscription of the feu contract by the parties to...

      4. 1. Where the person to whom the subjects are to be...

      5. 2. If the person renouncing the lease or sub-lease is not...

      6. 3. Where the subjects disponed in the feu contract are comprised...

   5. FIFTH SCHEDULE

      Table referred to in paragraph (b) of subsection (1) of section eighteen of this Act of the expectancy of life of an identifiable person in existence