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Property Law

This page outlines some of the current work being carried out by the Property Law team.

Much of the work carried out by the Property Law team is in conjunction with housing colleagues.  You can find the Scottish Government’s housing information here .

Current Issues

The Land Tenure Reform (Scotland) Act 1974: residential leases: 20 year rule for purpose built student accommodation

A suggestion was put forward to the Scottish Government that a Scottish Statutory Instrument (SSI) be made under section 8(3A)(d) of the Land Tenure Reform (Scotland) Act 1974 to allow providers of purpose built student accommodation to enter into residential leases longer than 20 years

Ministers have decided that work in this area is not a priority at the moment.   The reasons for this are:

  • resources need to be deployed within the Scottish Government to carry out Government priorities;

  • universities interviewed for a Business and Regulatory Impact Assessment (BRIA) indicated that an SSI under section 8(3A)(d) on student accommodation might be desirable but it was not top of the list of issues that concerned them;

  • there haven’t been representations more generally arguing for an SSI under section 8(3A)(d) on student accommodation.

Given this, the Scottish Government does not intend to carry out further work now on the proposed SSI.  The Scottish Government would be prepared to revisit this in the future if substantial evidence or demand emerges. 

Background

Sections 8 and 9 of the Land Tenure Reform (Scotland) Act 1974 place restrictions on long residential leases (“long”, in this context, means longer than 20 years): http://www.legislation.gov.uk/ukpga/1974/38/section/8?timeline=true

Under section 8(3A)(d) of the Land Tenure Reform (Scotland) Act 1974, the Scottish Ministers can, by Scottish Statutory Instrument (SSI), exempt certain types of lessees from the operation of the 20 year lease rule.  (The “lessee” is the person to whom the lease is granted – the tenant or lease holder).

Prescription and Title to Moveable Property

The consultation on Prescription and Title to Moveable property closed on 23 September 2015.  The consultaton and list of responses can be found here the analysis will be available in due course.

Tenements (Scotland) Act 2004

The consultation on Tenements (Scotland) Act 2004 (Heating Services) Regulations closed on 14 April 2016.  The consultation and list of responses can be found here the analysis will be available in due course.

Contact

Scottish Government
Family & Property Law
Civil Law & Legal System Division
GW.15
St Andrew's House
Edinburgh
EH1 3DG.

 

Email : propertylaw@gov.scot