Long Leases (Scotland) Act 1954

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

(1) Subject to the provisions of this Part of this Act, where any property is let under a lease granted before the tenth day of August, nineteen hundred and fourteen, for a period of not less than fifty years, and such property or a part thereof is occupied as a private dwelling-house forming his usual residence by the lessee under such lease or by the sub-lessee under a sub-lease granted for a period of not less than fifty years, such lessee or sub-lessee so occupying (hereafter in this Part of this Act referred to as the “occupying lessee”) may give notice to the landlord under the lease requiring him to grant a feu right of the property or, where the occupying lessee is so occupying a part only of the property, of such part.

(2) Any notice under this section shall be given within five years after the commencement of this Act.

(3) In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively:—

• “landlord” means any person for the time being holding the interest of landlord under a lease;

• “lease” means such a lease as is mentioned in subsection (1) of this section and does not include a sub-lease;

• “lessee” means any person for the time being holding the interest of lessee under a lease;

• “sub-lease” means such a sub-lease as is mentioned in subsection (1) of this section of the property let under a lease or of a part of such property; and

• “sub-lessee” means any person for the time being holding the interest of lessee under a sub-lease.

(4) For the purposes of this Part of this Act,

(a) where a lease or a sub-lease has been assigned byex facieabsolute assignation, the person for the time being having the right of reversion in such lease or sub-lease shall be deemed to hold the interest of lessee thereunder;

(b) any garden, yard, garage, outhouse or pertinent belonging to and occupied along with any dwelling-house shall be deemed to form part of such dwelling-house;

(c) a dwelling-house shall be deemed to be occupied as a private dwelling-house notwithstanding that a part thereof is used as a shop or office or for business, trade or professional purposes other than the sale of exciseable liquor for consumption on the premises.