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.
This section looks at the differences between tenants and non-tenant occupiers.
A lease is a contract between two parties that gives a right to occupy specified property.
There are at least four essential elements to a lease.
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.
If there is a written lease, it could contain unfair terms that may be unenforceable.
This section looks at a tenant's rights when the ownership of the property they occupy changes hands.
Last updated: 26 November 2020