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Title: The relationship of tenant and successor landlord in Scots law
Author: Webster, Peter
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2009
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This thesis provides the first detailed study of the relationship in Scots law between a tenant and a singular successor of the landlord. It considers both the rules which apply to short (unregistered) leases and those which apply to long (registered) leases. The primary aim is to set out and analyse current Scots law. Where relevant reference is made to the rules of other legal systems, such as English, German and South African law. The first part considers the prevalent view that singular successors are affected only by terms which appear in a document of lease. The potential for successor landlords to be affected by variations to the initial lease, side-letters and unimplemented terms of missives is considered. The second part considers the rules for determining whether particular conditions of a lease are ‘personal’ (in the sense of binding only the original landlord) or ‘real’ (in the sense of binding the landlord’s successors). This distinction is based on the content of the relevant condition. The thesis locates the distinction in property and contract law doctrine and reveals it to be a mandatory one, which parties to a lease cannot circumvent by intention. It considers the accepted test for distinguishing the real and personal conditions (the ‘inter naturalia’ test) and identifies problems with it. A revised test is proposed and then applied, in the following chapters, to particular types of lease term. Terms which are analysed include break options, renewal options, options to purchase, terms permitting the retention of rent, and terms relating to land other than the subjects of the lease. The final part considers whether the fact that the successor acquired gratuitously or with knowledge of the terms of the lease results in his being bound by terms which would otherwise by personal. That is to say, it considers the ‘offside goals’ rule.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available