Part 5Civil recovery of the proceeds etc. of unlawful conduct

Chapter 2Civil recovery in the High Court or Court of Session

Vesting and realisation of recoverable property

F1269ALeases and occupancy rights: Scotland

(1)

This section applies where, in making a recovery order, the Court of Session also grants decree of removing and warrant for ejection under section 266(8ZA) in relation to any persons occupying the heritable property.

(2)

Any lease under which a person has the right to occupy the heritable property (or part of it) for residential or commercial purposes is terminated on the granting of decree of removing and warrant for ejection.

(3)

Any other right to occupy the heritable property (or part of it) which subsists immediately before the granting of decree of removing and warrant for ejection is extinguished on the granting of the decree and warrant.

(4)

Subsection (3) does not apply in relation to a right under a lease to occupy or use the property other than those mentioned in subsection (2).

(5)

Where the heritable property is vested in the trustee for civil recovery under the recovery order, the following enactments do not apply in relation to the heritable property—

(a)

sections 34 to 38A of the Sheriff Courts (Scotland) Act 1907 (removings, notice of termination of tenancy and notice of removal);

(b)

the Tenancy of Shops (Scotland) Act 1949;

(c)

the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(d)

Parts 2 and 3 of the Rent (Scotland) Act 1984 (security of tenure and protection against harassment and unlawful eviction);

(e)

sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (termination of certain leases);

(f)

Part 2 of the Housing (Scotland) Act 1988 (rented accommodation: security of tenure etc.);

(g)

Chapter 3 of Part 3 of the Civil Partnership Act 2004 (occupancy rights and tenancies);

(h)

Part 5 of the Private Housing (Tenancies) (Scotland) Act 2016 (security of tenure, termination of tenancy and eviction).