Show simple item record

dc.contributor.authorWebster, Peteren
dc.date.accessioned2018-01-31T11:25:45Z
dc.date.available2018-01-31T11:25:45Z
dc.date.issued2009
dc.identifier.urihttp://hdl.handle.net/1842/27040
dc.description.abstracten
dc.description.abstractThis 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 of the thesis is to set out and analyse the current Scots law. Where relevant, however, reference is made to the rules of other legal systems, such as English, German and South African law.en
dc.description.abstractThe thesis focuses on three distinct areas. 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.en
dc.description.abstractThe second, and largest, part of the thesis 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 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, such as access rights and exclusivity obligations. Criticisms of the distinction from the perspective of legal policy are evaluated.en
dc.description.abstractThe third, and final, part of the thesis 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 be personal. That is to say, it considers the 'offside goals' rule. The requirements of that rule are clarified and then its application to an obligation or option to renew the lease and to an option to purchase is considered. This includes a detailed consideration of the obligations to which the grant of an option gives rise.en
dc.publisherThe University of Edinburghen
dc.relation.ispartofAnnexe Thesis Digitisation Project 2017 Block 15en
dc.relation.isreferencedbyen
dc.titleThe relationship of tenant and successor landlord in Scots lawen
dc.typeThesis or Dissertationen
dc.type.qualificationlevelDoctoralen
dc.type.qualificationnamePhD Doctor of Philosophyen


Files in this item

This item appears in the following Collection(s)

Show simple item record