The landlords hypothec in Scots law
PhD student: Dr A. Sweeney
Promotors: Prof K.G.C. Reid, A.J.M. Steven
Duration: 1/9/2016 - 31/5/2020
PhD defence: Edinburgh, 25/8/2020
The landlords hypothec was the subject of major amendments and restrictions by section 208 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (2007 Act). This was, however, done without any substantial research or consultation and the last in-depth treatment of the hypothec was the third edition of Rankine on Leases, published in 1916. As a result, there is a need for research into the current position of the hypothec after these reforms. The current structure of the thesis consists of the history of the hypothec, property covered by the hypothec, those entitled to the hypothec, enforcement of the hypothec and its competition with other creditors. As the landlord\'s hypothec has its counterparts in other jurisdictions there is ample opportunity for comparative work. It formed part of Roman-Dutch law and French law and, thus, is present in South African and Louisianan law. The German civil code also accepted the hypothec (termed the Vermieterpfandrecht) and this opens another useful source. Furthermore, English law had distress for rent which was a unique remedy for a landlord to enforce rental payments.