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Scotland

Essentials of leases and 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

Change of landlord

If a tenant's landlord changes, for example if their landlord sells the property with a 'sitting tenant', then the tenant will retain the same tenancy status as before. [1] The new landlord cannot make them sign a new lease, and if they want to evict the tenant, they will need to follow the usual procedure. For more information, please see under each tenancy type in the security of tenure section for the details of the possession procedure for that type of tenancy.

Any express terms contained in a lease will usually transfer to the new landlord. However, case law has held that such terms must be the type of terms normally found in a lease, and not terms that are of a personal nature. Terms of a personal nature could include a term that the tenant would pay less or no rent in return for them providing services to the landlord, [2] and a term that the tenant would have the option to buy the property. [3] However, in a case involving the latter, [4] it was held that the new landlord was bound by the term because they had been aware of it when they purchased the property.

Last updated: 11 August 2020

Footnotes

  • [1]

    para. 2.31 McAllister A, "Scottish Law of Leases", 3rd edition, 2002

  • [2]

    para. 2.31 McAllister A, "Scottish Law of Leases", 3rd edition, 2002

  • [3]

    Bisset v Aberdeen Magistrates (1898) 1 F 87

  • [4]

    Davidson v Zani (1992) SCLR 1001