Number

Deed submitted

Landlord's Title

Tenant's Title

Take on as

Deeds to be registered/recorded

Fee

Notes

1

Lease

Sasines

N/A

FR

Lease

Table A fee on consideration if any plus 10 x maximum annual rent in first 5 years

Section 2(1)(a)(i) of Land Registration (Scotland) Act 1979

2

Lease

LR (registered before the lease was granted)

N/A

TP

Lease

Table A fee on consideration if any plus 10 x maximum annual rent in first 5 years

Legal Manual 31.2 (Transfers of Part/TPs resulting from the Creation of a Subordinate Interest)

3

Lease

LR (registered after the lease was granted)

N/A

FR

Lease

Table A fee on consideration if any plus 10 x maximum annual rent in first 5 years

Section 2(1)(a)(i) of Land Registration (Scotland) Act 1979.

If lease granted after the operational date for the county settler should check whether the landlord has changed since the granting of the lease. In such circumstances the new landlord must consent to registration. Legal Manual 19.3.1 (Leasehold Interests/Positive prescription for leasehold interests (where lease granted/delivered prior to operational date for county)/Interest of tenant being registered follows on unrecorded or unregistered Lease).

Number

Deed submitted

Landlord's Title

Tenant's Title

Take on as

Deeds to be registered/recorded

Fee

Notes

4

Assignation of Existing Long Lease

Sasines or LR

Sasines

FR

Assignation only

Table A fee on consideration if any plus 10 x annual rent  at time of Assignation

Legal Manual 19.3.1 (Leasehold Interests/Positive prescription for leasehold interests (where lease granted/delivered prior to operational date for county)/Interest of tenant being registered follows on unrecorded or unregistered Lease)

5

Assignation of Existing Long Lease

Sasines or LR

Not recorded or Registered because the Lease (and any Assig-nations) were granted prior to the operational date for the county

FR

Assignation only

Table A fee on consideration if any plus 10 x annual rent at time of Assignation

Legal Manual 19.3.1 (Leasehold Interests/Positive prescription for leasehold interests (where lease granted/delivered prior to operational date for county)/Interest of tenant being registered follows on unrecorded or unregistered Lease)

6

Assignation of Existing Long Lease

Sasines

Not registered but should have been since Lease (or Assig-nation) has been granted after the operat-ional date for the county

FR

Assignation only

Table A fee on consideration if any plus 10 x annual rent at time of Assignation

Legal Manual 19.3.1 (Leasehold Interests/Positive prescription for leasehold interests (where lease granted/delivered prior to operational date for county)/Interest of tenant being registered follows on unrecorded or unregistered Lease)

7

Assignation of Existing Long Lease

LR (registered after the lease was granted)

Not registered but should have been since Lease (or Assig-nation) has been granted after the operational date for the county

FR

Assignation only

Table A fee on consideration if any plus 10 x annual rent at time of Assignation

Legal Manual 19.3.1 (Leasehold Interests/Positive prescription for leasehold interests (where lease granted/delivered prior to operational date for county)/Interest of tenant being registered follows on unrecorded or unregistered Lease).

If the Lease is not already shown on the Landlord's Title Sheet, the Landlord's Title Sheet should be updated accordingly, (provided any necessary consent of the Landlord is obtained as per above Section of Legal Manual).  

8

Assignation of Existing Long Lease

LR (registered before the lease was granted)

Not registered but should have been since Lease (or Assig-nation) has been granted after the operational date for the county

TP

Assignation only

Table A fee on consideration if any plus 10 x annual rent at time of Assignation

Legal Manual 31.2 (Transfers of Part/TPs resulting from the Creation of a Subordinate Interest/Effect of a Long Lease-Sub-Lease)

Number

Deed submitted

Landlord's Title

Tenant's Title

Take on as

Deeds to be registered/recorded

Fee

Notes

9

Variation and Extension of Subjects

Must be referred to SCW

Sasines

Sasines or un-registered

FR

Extension only

Extension only

Table A fee on consideration if any plus 10 x annual rent for the additional subjects at time of Extension

Voluntary Registration of original Lease

Table A fee on consideration if any plus 10 x annual rent for the original subjects at time of Extension

Legal Manual 19.14 (Leasehold Interests/Variation of Lease - incorporation of additional subjects)

This is treated as a new Lease of the additional subjects.

It follows that: (1) It is only registerable if there is (or could be with any option to renew) more than 20 years of the original Lease to run and (2) Only the additional subjects will transfer to the Land Register unless voluntary registration of the original Lease is sought. If voluntary registration is sought the original Lease would be FR and the Extension FA (provided the subjects adjoin)

10

Variation and Extension of Subjects

Must be referred to SCW

Sasines

LR

FA (provided additional subjects adjoin those in original Lease)

Extension only

Table A fee on consideration if any plus 10 x annual rent for the additional subjects at time of Extension

Legal Manual 19.14 (Leasehold Interests/Variation of Lease - incorporation of additional subjects). This is treated as a new Lease of the additional subjects. It follows that it is only registerable if there is (or could be with any option to renew) more than 20 years of the original Lease to run

11

Variation and Extension of Subjects

Must be referred to SCW

LR

Sasines or un-registered

TP

Extension only

Extension only

Table A fee on consideration if any plus 10 x annual rent for the additional subjects at time of Extension

Voluntary Registration of original Lease

Table A fee on consideration if any plus 10 x annual rent for the original subjects at time of Extension

Legal Manual 19.14 (Leasehold Interests/Variation of lease - incorporation of additional subjects). This is treated as a new Lease of the additional subjects. It follows that (1) It is only registerable if there is (or could be with any option to renew) more than 20 years of the original Lease to run and (2) Only the additional subjects will transfer to the Land Register unless voluntary registration of the original Lease is sought. If voluntary registration is sought the original Lease would be FR and the Extension FA or TP (depending on whether or not the Landlord's Title was registered when the original Lease was granted) and the Extension would be TA (provided subjects adjoin)

12

Variation and Extension of Subjects

Must be referred to SCW

LR

LR

TA (provided additional subjects adjoin those in original Lease)

Extension only

Table A fee on consideration if any plus 10 x annual rent for the additional subjects at time of Extension

Legal Manual 19.14 (Leasehold Interests/Variation of lease - incorporation of additional subjects). This is treated as a new Lease of the additional subjects. It follows that it is only registerable if there is (or could be with any option to renew) more than 20 years of the original Lease to run

13

Variation and Extension of term where only the Extension makes the Lease registerable

Sasines

Un-registered since not previously capable of registration

FR

Extension only (regardless of whether or not there is any of the original term to run at the time of Extension being registered)

Table A fee on consideration if any plus 10 x annual rent at time of Extension

It if the Extension which triggers registration and is therefore the Deed Inducing Registration

14

Variation and Extension of term where only the Extension makes the Lease registerable

LR

Un-registered since not previously capable of registration

TP regardless of whether Landlord's title was registered before or after the original Lease was granted

Extension only (regardless of whether or not there is any of the original term to run at the time of Extension being registered)

Table A fee on consideration if any plus 10 x annual rent at time of Extension

It is the Extension which triggers registration and is therefore the Deed Inducing Registration

Since only the Extension makes the Lease registerable or capable of being noted on the landlord's Title Sheet the effect of the Extension is to create a new interest from the registered Title so this must be a TP

15

Variation and Extension of term of existing long Lease, (i.e where the lease was always for more than 20 years)

Sasines

Sasines or un-registered

Sasines or can remain un-registered

Variation only

Minimum Fee - Miscellaneous Deed

Section 2 of Land Registration (Scotland) Act 1979.

Where the tenant's Title is not already registered the Extension will not induce registration since there is no transfer of Title. The Lease must have been granted prior to the operational date for the county so the tenant will continue to have a real right without registration.

If the agent wants to register the tenant's interest this would be a voluntary registration. In that case the Lease should be submitted as FR and the Extension as a DW over the FR

16

Variation and Extension of term of existing long Lease (i.e where the lease was always for more than 20 years) 

Sasines

LR

DW over tenant's Title

Variation only

Minimum Fee - Miscellaneous Deed

Need only be registered against tenant's interest.

On any occasion when a property interest is affected by a Lease of the subjects it would be necessary to search the tenant's interest in the Lease to see if the property was still subject to the Lease. Even if the original term of the Lease had expired it could still be renewed by tacit relocation

17

Variation and Extension of term of existing long Lease (i.e where the lease was always for more than 20 years) 

LR

Sasines or un-registered

Sasines or can remain un-registered

Variation only

Minimum Fee - Miscellaneous Deed

Section 2 of Land Registration (Scotland) Act 1979.

Where the tenant's Title is not already registered, the Extension will not induce registration since there is no transfer of Title. The Lease must have been granted prior to the operational date for the county so the tenant will continue to have a real right without registration.

If the agent wants to register the tenant's interest this would be a voluntary registration. In that case the Lease should be submitted as FR and the Extension as a DW over the FR

18

Variation and Extension of term of existing long Lease (i.e where the lease was always for more than 20 years) 

LR

LR

DW over tenant's Title

Variation only

Minimum Fee - Miscellaneous Deed

Need only be registered against tenant's interest.

On any occasion when a property interest is affected by a Lease of the subjects it would be necessary to search the tenant's interest in the Lease to see if the property was still subject to the Lease. Even if the original term of the Lease had expired it could still be renewed by tacit relocation

19

Variation of most other kinds

Sasines

Sasines or un-registered

Sasines or can remain un-registered

Variation only

Minimum Fee - Miscellaneous Deed

Need only be recorded against tenant's interest if at all.

The Lease must have been granted prior to the operational date for the county so the tenant will continue to have a real right to the rights in the Lease and any variations thereof without registration or recording. The landlord's right to their property will be subject to the rights of the tenant in the original Lease and any variations thereof

20

Variation of most other kinds

Sasines

LR

DW over tenant's Title

Variation only

Minimum Fee - Miscellaneous Deed

Need to be registered against tenant's interest

The landlord's right to their property will be subject to the rights of the tenant in the original Lease and any variations thereof

21

Variation of most other kinds

LR

Sasines or un-registered

Sasines or can remain un-registered

Variation only

Minimum Fee - Miscellaneous Deed

Need only be recorded against tenant's interest if at all.

The Lease must have been granted prior to the operational date for the county so the tenant will continue to have a real right to the rights in the Lease and any variations thereof without registration or recording. These rights will be an over-riding interest upon the landlord's Title whether noted or not. The landlord's right to their property will be subject to the rights of the tenant in the original Lease and any variations thereof

22

Variation of most other kinds

LR

LR

DW over tenant's Title

Variation only

Minimum Fee - Miscellaneous Deed

Need only be registered against tenant's interest.

The landlord's Title will include a tenant's right note in the Burdens Section showing that Title is subject to the rights of the tenant in the Lease and this would include any variation of the Lease

Number

Deed submitted

Landlord's Title

Tenant's Title

Take on as

Deeds to be registered/recorded

Fee

Notes

23

Deed which effect termination

Sasines

Sasines

Sasines

Deed which effects termination

Table A Fee based on the value of the interest in land transferred or the consideration paid whichever is the higher.

Where the value is nominal the current minimum fee would apply.

5.66 of ROT Practice Book.

The Landlord's Title remains in Sasines so deed need only be recorded in Sasines.

Fee as per Registration and Recording Fees FAQ no. 21 on ROS website.

24

Deed which effects termination

Sasines

LR

Sasines and DW over tenant's Title (but see Notes)*

Deed which effects termination

Sasine

Table A Fee based on the value of the interest in land transferred or the consideration paid whichever is the higher.

Where the value is nominal the current minimum fee would apply.

LR: Minimum Fee - Miscellaneous Deed

Tenant's Title will be absorbed into landlord's Sasine Title.

Section 8(2) (b) of the Land Registration (Scotland) Act 1979 and 5.66 of ROT Practice Book. Form 2 and SAF must be submitted.

Fee as per Registration and Recording Fees FAQ no. 21 on ROS website.

*On occasion termination will be effected by a document which is not capable of being recorded in Sasines e.g. a Notice to Quit. In that case only a DW over the tenant's Title will be submitted.

Table A Fee based on the value of the interest in land transferred or the consideration paid whichever is the higher.

Where the value is nominal the current minimum fee would apply.

It may also be necessary to instruct Sasines to add a note to the landlord's search sheet to the effect that the lease has been terminated.

25

Deed which effects termination

LR

Sasines

DW over landlord's Title

Deed which effects termination

Table A Fee based on the value of the interest in land transferred or the consideration paid whichever is the higher.

Where the value is nominal the current minimum fee would apply.

Tenant's Title will be absorbed into landlord's Land Register Title 5.66 of ROT Practice Book.

Need only be submitted for registration in Land Register.

Fee as per Registration and Recording Fees FAQ no. 21 on ROS website.

26

Deed which effects termination

LR

LR

DW over both Titles (but see Notes)*

Deed which effects termination

Table A Fee based on the value of the interest in land transferred or the consideration paid whichever is the higher.

Where the value is nominal the current minimum fee would apply.

Tenant's Title will be absorbed into landlord's Land Register Title

Fee as per Registration and Recording Fees FAQ no. 21 and Pre-Registration Enquiries FAQ-Termination of Leases both on ROS website.

* Only one fee is required as per Land Register- Registration Practice Memo of 13 July 2012 - Termination of a Lease

27

Deed which effects termination

LR

Not recorded or Registered
because the Lease
(and any Assignations)
were granted prior to the operational
date for the county

Noting (Form 5) over landlord's Title but would also accept Form 2

Deed which effects termination

Minimum Fee - Miscellaneous Deed

The Land Registration (Scotland) Rules 2006-Rule 14.