On 28 November 2015 (the appointed day), the provisions of the Long Leases (Scotland) Act 2012 (the Long Leases Act) converted certain ultra-long leases into ownership. In general terms, a qualifying lease must be

  • registered in either the Land Register or the General Register of Sasines;
  • have an initial term of more than 175 years;
  • have more than 100 years to run at the appointed day where the property is mainly used as a residential dwellinghouse, or 175 years in other cases; and
  • have an annual rent of less than £100.

A lease with an initial term of less than 100 years can qualify if there was a condition requiring the landlord to renew the lease. Each part of a lease divided by partial assignation is treated as a separate lease.

The landlord's right of ownership of the land affected will be extinguished, as will the right of a mid-landlord where a sub-lease converts. Some leasehold conditions, such as facility and service conditions, will become real burdens on the new right of ownership; others will be automatically extinguished.

The full terms of the Long Leases Act can be found at legislation.gov.uk. Further details regarding the transition of arrangements can be found at the registers of Scotland website.