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Essentials of leases

This section looks at the general conditions applying to leases. It discusses the difference between tenant and non-tenant occupiers; describes what constitutes a lease; examines the concept of tacit relocation and defines the different types of law that govern a tenancy. It also discusses unfair terms in a lease, and examines the situation where there is a change of landlord.

Tenant or non-tenant occupier

This section looks at the differences between tenants and non-tenant occupiers. 

What is a lease?

A lease is a contract between two parties that gives a right to occupy specified property. 

Essential parts of a lease

There are at least four essential elements to a lease. 

Tacit relocation

In Scots law there is a doctrine called 'tacit relocation', which means that the contract of lease will automatically repeat unless one of the parties signals that they do not want this to happen. 

Unfair terms in a lease

If there is a written lease, it could contain unfair terms that may be unenforceable. 

Change of landlord

This section looks at a tenant's rights when the ownership of the property they occupy changes hands. 

This content applies to Scotland

Last updated: 26 November 2020