§ Mrs. EwingTo ask the Secretary of State for Scotland how many leases of residential properties extend to a period of 99 years or more in Scotland; and how many of these tenants are liable to be affected by the expiry of such long leases and consequential claims by the Landlords for excessive payments. [53138]
§ Mr. DewarIt would require a time-consuming and exhaustive search of the Register of Sasines and the Land Register of Scotland to establish how many leases of residential properties in Scotland extend to a period of 99 years or more. It is therefore impossible to verify how many of these tenants are liable to be affected by the expiry of such long leases. The Government are aware of the difficulty of assessing compensation payable to a landlord if the tenant wishes to buy the property when the lease expires. Because of this and other difficulties caused to the tenant, residential leases of more than 20 years' duration were prohibited by the Land Tenure Reform (Scotland) Act 1974. The Scottish Law Commission will examine leasehold tenure when it completes its work on abolition of the feudal system and the reform of real burdens.
§ Mrs. EwingTo ask the Secretary of State for Scotland what research has been commissioned by his Department into the number of tenants holding long leases and the levels of rent payable thereunder. [53139]
§ Mr. DewarNo specific research has been commissioned into the number of tenants holding long leases in Scotland, which are leases for more than 20 years. Leasehold tenure is relatively rare in Scotland and is concentrated in specific geographical areas. The vast majority of property is held under feudal tenure. Long leases, for example for 999 years, were very often granted as an alternative to feuing because of restrictions on the power to feu. Levels of rent payable under these long leases tend to be minimal.
§ Mrs. EwingTo ask the Secretary of State for Scotland what research he has commissioned from the Law Commission into the law of Scotland relating to long leases; and if he will assess the advantages of converting tenant's interest into(a) a registered title in the Land Register of Scotland and (b) a recorded title in the Register of Sasines. [52811]
§ Mr. DewarUnder its Fifth Programme of Law Reform, the Scottish Law Commission has an objective to undertake, as a long-term project, an examination of leasehold tenure, in particular long leases of residential subjects. Although some work has already been carried290W out, it is unlikely that the Commission will be able to resume its work on this subject until it has completed its work on abolition of the feudal system and the reform of real burdens, which takes priority because the vast majority of property in Scotland is held under feudal tenure.
It has been possible to record the tenants' interest in a long lease in the Register of Sasines since the passing of the Registration of Leases (Scotland) Act 1857. The Land Registration (Scotland) Act 1979 allows the tenant's interest in a long lease to be registered in the Land Register of Scotland.