Leases

Question 1

What rights are Leases?

what can they not be?

Answer 1

Leases are real rights

leases cannot be between co-owners

Question 2

what is required to create a Lease?

Answer 2

needs to be at least 2 parties. Clydesdale Bank plc v Davidson

there needs to be a property.

there needs to be a payment. one lump sum is not rent.

there needs to be a period of time.

Question 3

when changing a lease from a personal right to a real right, what was the turning point?

Answer 3

Leases Act 1449

Question 4

do Leases of 1 year or under require writing?

Answer 4

NO

Question 5

what do short leases require?

Answer 5

short leases require there to be no writing.

there needs to be heritable property that can be held by a separate tenant.

the rent must exist, e.g. not absent.

the duration must be less than 20 years.

then a real right is granted.

Question 6

what do long leases require?

Answer 6

must be longer than 20 years.

must be recorded in the sasine register.

must be recorded in the Registration of Leases (scotland) act 1857

if a long lease is not written down in the registration of leases scotland act then it no real right can be given.

Question 7

what happens if neither parties talk about the lease and nothing happens?

Answer 7

the contract renews for another e.g. year and this is called security of tenure. this happens if notice of termination is not given.