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General

It is a condition of registration that a registrable deed must be valid. This is in terms of section 25 for certain deeds relating to unregistered plots (including leases and assignations of lease) and section 26 for deeds relating to registered plots.

A renunciation of lease is registrable by virtue of section 13 of the Registration of Leases (Scotland) Act 1857, as amended by the 2012 Act. A renunciation extinguishes the right of a tenant and a lease title sheet would require closure. Whether or not there is a lease title sheet, if there is a title sheet for the landlord's title (this may be a title sheet for the plot of land or a title sheet for a head lease), the title sheet and cadastral map will require amendment as a result of the submission of an application to register a renunciation. 

A renunciation of lease should be in, or otherwise closely resemble, the form provided by Schedule ZG of the 1857 Act. If a renunciation of lease was substantially different, the renunciation may not be valid as it did not conform or closely conform to the statutory style. 

 Schedule ZG: Style of renunciation where lease title sheet or plot of land is registered

 

A renunciation of lease should be executed to meet the requirements for self-evidencing status.

User Guides for Intake, Plans and Legal processes can be found at Termination/Renunciation of Lease Processes.

 

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