Termination/Renunciation of Lease - Legal Settler

1.1 Complete the initial examination, examine live deeds and registered proprietor and advance notice checks to confirm the application(s) undergoing registration is acceptable and will not be rejected at a later stage.

1.1.1 A full legal examination must be completed before the application is closed on the mapping systems and the titles are absorbed on LRS.

1.2 Check the deed closely conforms to the statutory style or contains the minimum content.

1.2.1 Refer to the guidance page for the renunciation of lease style.

1.2.2 Complete the subsidiary interests check detailed below then refer to a senior caseworker if a Notice of Irritancy or any other form of evidence is submitted for registration to terminate the lease.

1.3 Examine the lease title sheet and identify any subsidiary interests (e.g. outstanding standard security).

1.3.1 If there are any subsidiary interests refer to a senior caseworker to consider the effect of the termination on the subsidiary interests.

1.4 Identify the relevant scenario applicable to the deed undergoing registration. Refer if necessary.

1.4.1 Check the deed narrates the correct title number.

1.4.2 Identify the correct application(s) has been created on LRS.

1.4.3 Identify if a note is required on the sasine register.

1.5 Complete an application record search and ensure any pending applications with a date of registration prior to the date of registration of the application undergoing registration are completed before proceeding.

1.5.1 If there is an existing title sheet for both the landlord's title and the lease title an application record search should be completed for both titles.

1.6 If the deed is acceptable for registration, refer to plans with instructions to update the mapping and, if applicable, to close the lease title on the mapping systems.

1.6.1 The updates to the mapping must be completed before the titles are absorbed/closed on the LRS.

1.7 On return from plans, check the updates to the Title Plan/cadastral map/supplementary data are suitable. Return to plans if further updates are required.

1.8 Identify the termination/renunciation scenario below and complete the appropriate updates.

Termination/Renunciation Updates

Please be aware that the following manual workaround is required where the lease title has been absorbed on LRS into the landlord's title. Send an email to all the relevant parties detailed on the notification section of the application form to confirm the application has been registered and the lease title has been closed. Include a PDF version of the landlord's title sheet, including the Title Plan/cadastral map extract.

No.	Deed	Lease	Landlord's interest	Lease Title	Landlord's Title	Sasine Register
1	Termination/Renunciation of Whole Lease	Land Register	Land Register	Follow the instructions below to absorb the lease title sheet into the landlord's title sheet on LRS. A manual notification is required until new functionality is introduced (see end of process for details). Absorption of Titles on LRS 1.1 Check the application record for the lease and the landlord's titles and ensure any pending applications prior to the application undergoing registration are completed. 1.2 Check there is a pending application for the landlord's title. 1.2.1 If necessary create an internal DW application. 1.3 Open the the application workdesk for the closing lease title. 1.4 Add a note to the application workdesk e.g. Renunciation of lease - title sheet closed and absorbed into [enter landlord's title number]. 1.5 Add the same information to the 'Additional Information' field. 1.5.1 Whilst the application is still pending this will inform anyone searching the application record on ScotLIS that the title has been closed. 1.6 Select `Amalg` in the application workdesk for the lease title to be closed. 1.7 Enter the title number of the continuing landlord's title. 1.8 Enter the absorption date. 1.8.1 The date should be the date of registration of the deed that is inducing the absorption. 1.9 Select type 'B' from the dropdown list and ok. 1.10 Select the appropriate application against the continuing landlord's title and `ok` the pop up box. 1.10.1 Where there is more than one application against the continuing landlord's title the earliest application must be used. 1.11 Check the details are correct and `ok` the pop up box. 1.12 The title sheet for the lease title has now been closed and a statement has been added to each section of the title sheet 'TITLE ABSORB INTO TITLE NUMBER FFEXXXXXX ON DD/MM/YY'.	Remove the lease schedule & note in the property section or, if the schedule contains additional entries, remove the applicable entry for the lease in the schedule only. Either: If the landlord's title is not affected by other leases, remove the tenant's right note from the burdens section and, if necessary, the applicable lease entry; or if the landlord's title is affected by other leases, if necessary, remove the applicable lease entry in the burdens section only (consider /wiki/spaces/ATTIC/pages/66323173). No notification required.	N/A
2	Termination/Renunciation of Whole Lease	Land Register	Sasine Register	Follow the instructions below to close the lease title sheet on LRS. A manual notification is required. Send an email to all the parties detailed in the notifications section of the application form confirming the application has been registered and the title has been closed. Close Title on LRS Select the lease title application on LRS. Add a note to the application workdesk e.g. Renunciation of lease - title sheet closed and subjects absorbed into sasine register [enter sasine search sheet number]. Open the title workdesk. Select Close/Cancel from the Edit select list. Enter the date of closure and ok.	N/A	Complete IDA (Sasine) form to instruct note to be added to plot search sheet e.g. 'Lease by AB to CD recorded/registered dd mmm yyyy has been renounced in terms of Renunciation registered dd mmm yyyy. [title no. for lease] closed and absorbed into this title'.
3	Termination/Renunciation of Whole Lease	Books C&S	Land Register	N/A	If referred to in landlord's title, remove the lease schedule & note in the property section or, if the schedule contains additional entries, remove the applicable entry for the lease in the schedule only. Either: If the landlord's title is not affected by other leases, remove the tenant's right note from the burdens section and, if necessary, the applicable lease entry; or if the landlord's title is affected by other leases, if necessary, remove the applicable lease entry in the burdens section only (consider /wiki/spaces/ATTIC/pages/66323173). No notification required.	N/A
4	Termination/Renunciation of Whole Lease	Sasine Register	Land Register	N/A	Remove the lease schedule & note in the property section or, if the schedule contains additional entries, remove the applicable entry for the lease in the schedule only. Either: If the landlord's title is not affected by other leases, remove the tenant's right note from the burdens section and, if necessary, the applicable lease entry; or if the landlord's title is affected by other leases, if necessary, remove the applicable lease entry in the burdens section only (consider /wiki/spaces/ATTIC/pages/66323173). A notification will be generated automatically for the live application on completion of registration.	Complete IDA (Sasine) form to instruct note to be added to lease search sheet and to instruct search sheet to be closed e.g. 'The Lease by AB to CD recorded dd mmm yyyy has been renounced in terms of Renunciation registered dd mmm yyyy - To [title no. for landlord's interest].
5	Partial Termination/Renunciation	Land Register	Land Register	Add a note to the property section i) If the reference for the extent of the subjects has been reduced (i.e. a positive mapping style has been used), add a note to the schedule of short particulars of the lease e.g. 'as varied by Partial Renunciation of Lease registered 1 May 2015'. ii) If a reference has been added to indicate the extent that has been renounced, add a property section note e.g. 'The Lease specified in the schedule above has been renounced to the extent of the part [enter colour reference] on the Title Plan/cadastral map/supplementary data. The said part [enter colour reference] no longer forms part of the subjects in this title' If necessary, add an entry in the burdens section for the partial termination/renunciation deed. If necessary, add details of the partial termination/renunciation deed in a footnote to the lease entry in the burdens section. A notification will be generated automatically for the live application on completion of registration.	Add a note to the property section i) If the reference for the extent of the lease subjects has been reduced (i.e. a positive mapping style has been used), add a note to the applicable lease entry in the schedule of leases e.g. 'as varied by Partial Renunciation of Lease registered 1 May 2015'. ii) If a reference has been added to indicate the extent of the lease subjects that has been renounced add a property section note e.g. 'The Lease specified in the schedule above has been renounced to the extent of the part [enter colour reference] on the Title Plan/cadastral map/supplementary data. If there is an existing entry for the lease, add details of the partial termination/renunciation deed in a footnote to the lease entry in the burdens section. No notification required.	N/A
6	Partial Termination/Renunciation	Land Register	Sasine Register	Add a note to the property section i) If the reference for the extent of the subjects has been reduced (i.e. a positive mapping style has been used), add a note to the schedule of short particulars of the lease e.g. 'as varied by Partial Renunciation of Lease registered 1 May 2015'. ii) If a reference has been added to indicate the extent that has been renounced add a property section note e.g. 'The Lease specified in the schedule above has been renounced to the extent of the part [enter colour reference] on the Title Plan/cadastral map/supplementary data. The said part [enter colour reference] no longer forms part of the subjects in this title' If necessary, add an entry in the burdens section for the partial termination/renunciation deed. If necessary, add details of the partial termination/renunciation deed in a footnote to the lease entry in the burdens section. A notification will be generated automatically for the live application on completion of registration.	N/A	Complete IDA (Sasine) form to instruct note to be added to landlord's search sheet e.g. 'Lease by AB to CD recorded/registered dd mmm yyyy has been partially renounced in terms of Renunciation registered dd mmm yyyy. Extent of renounced subjects removed from [title no. of lease] and absorbed into this title'.
7	Partial Termination/Renunciation	Sasine Register	Land Register	N/A	Add a note to the property section i) If the reference for the extent of the lease subjects has been reduced (i.e. a positive mapping style has been used) add a note to the applicable lease entry in the schedule of leases e.g. 'as varied by Partial Renunciation of Lease registered 1 May 2015'. ii) If a reference has been added to indicate the extent of the lease subjects that has been renounced add a property section note e.g. 'The Lease specified in the schedule above has been renounced to the extent of the part [enter colour reference] on the Title Plan/cadastral map/supplementary data. If there is an existing entry for the lease, add details of the partial termination/renunciation deed in a footnote to the lease entry in the burdens section. A notification will be generated automatically for the live application on completion of registration.	Complete IDA (Sasine) form to instruct note to be added to lease search sheet e.g. 'Lease by AB to CD recorded dd mmm yyyy has been partially renounced in terms of Renunciation registered dd mmm yyyy. Extent of renounced subjects absorbed into [title no. for landlord's interest]'.
8	Partial Termination/Renunciation	Books C&S	Land Register	N/A	If the lease is referred to in the landlord's title, add a note to the property section i) If the reference for the extent of the lease subjects has been reduced (i.e. a positive mapping style has been used) add a note to the applicable lease entry in the schedule of leases e.g. 'as varied by Partial Renunciation of Lease registered 1 May 2015'. ii) If a reference has been added to indicate the extent of the lease subjects that has been renounced add a property section note e.g. 'The Lease specified in the schedule above has been renounced to the extent of the part [enter colour reference] on the Title Plan/cadastral map/supplementary data. If there is an existing entry for the lease, add details of the partial termination/renunciation deed in a footnote to the lease entry in the burdens section. A notification will be generated automatically for the live application on completion of registration.	N/A

The above processes also apply to a termination/renunciation of a sub-lease. However, consideration must be given to updating title sheet or search sheet relating to the mid landlord's interest.

1.9 Complete the updates required in respect of any other application(s) undergoing registration following the normal DW procedures.

1.10 View and confirm title(s) on LRS.

1.10.1 If the lease title has been closed and the landlord's title is in the sasine register, an email must be sent to all the relevant parties to notify the parties that the application has been registered and the lease title has been closed.

Please be aware that the following manual workaround is required where the lease title has been absorbed on LRS into the landlord's title. Send an email to all the relevant parties detailed on the notification section of the application form to confirm the application has been registered and the lease title has been closed. Include a PDF version of the landlord's title sheet, including the Title Plan/cadastral map extract.

2012 Act Registration Manual

Termination/Renunciation of Lease - Legal Settler

Process Steps

Additional Information

Process Ends