Long Leases (Scotland) Act 1954

Continuation of certain leases and sub-leases

15Continuation of leases and sub-leases expiring within five years after commencement of Act

(1)Subject to the provisions of the next following section, where the ish of any lease or sub-lease falls within the period of five years beginning with the commencement of this Act and immediately before the ish the interest of lessee under such lease or sub-lease is held by an occupying lessee, not being an occupying lessee who acquired the said interest (otherwise than by inheritance) on or after the tenth day of May, nineteen hundred and fifty-one, the lease or sub-lease, as the case may be, shall, to the extent that it relates to the subjects occupied by the occupying lessee as a private dwelling-house forming his usual residence, have effect as if for the ish there were substituted the term of Whitsunday, nineteen hundred and sixty.

(2)In this and the next following section any reference to an ish shall, in relation to a lease or a sub-lease continued by virtue of the Long Leases (Temporary Provisions) (Scotland) Act, 1951, as extended by the Leasehold Property Act and Long Leases (Scotland) Act Extension Act, 1953, be construed as a reference to the date to which such lease or sub-lease has at the commencement of this Act been so continued.

16Power to occupying lessee to exclude operation of s. 15

(1)Where the occupying lessee under any lease or sublease gives to the person holding the interest of landlord under such lease or sub-lease, not later than forty days before the ish, notice in writing that he does not desire that the lease or sublease, as the case may be, shall be continued under the last foregoing section, that section shall not have effect regarding the lease or sub-lease.

(2)Where any lease or sub-lease has been continued under the last foregoing section and the occupying lessee gives to the person holding the interest of landlord under such lease or sublease notice in writing that he desires that the said section shall no longer apply to the lease or sub-lease, as the case may be, the lease or sub-lease shall come to an end on such date, not earlier than forty days after the date of the said notice, as may be specified therein.

17Restriction on exercise of option to terminate lease or sub-lease

Where the person holding the interest of landlord under any lease or sub-lease has an option thereunder to terminate such lease or sub-lease on a date falling within the period of five years beginning with the commencement of this Act and immediately before the said date the interest of lessee under the lease or sub-lease is held by an occupying lessee, not being an occupying lessee who acquired the said interest (otherwise than by inheritance) on or after the tenth day of May, nineteen hundred and fifty-one, the lease or sub-lease, as the case may be, shall, to the extent that it relates to the subjects occupied by the occupying lessee as a private dwelling-house forming his usual residence, have effect as if the said option were an option to terminate the lease or sub-lease at the term of Whitsunday, nineteen hundred and sixty.