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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15528
Experience:  30 years as a practising solicitor.
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In Scots law how would you serve a Hypothec on a tenant? In

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In Scots law how would you serve a Hypothec on a tenant?In Scots law can a husband be held responsible for his wife's commercial debts
Customer: replied 12 days ago.
I meant to ask In Scots law how would you serve a Hypothec on a commercial property tenant?
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Thanks for your question. I am a solicitor in Scotland and can help you with your question today. A husband is not responsible for his wife’s debts unless he has personally guaranteed them. As regards ***** ***** is a limited security available to a landlord and is not formally served. It arises automatically. In practice the landlord would need to have control of the commercial premises in which the goods are held. Hypothec is now a limited remedy because the common law follow up remedy, sequestration for rent, was abolished some years ago. To make use of the goods held as security a court decree for payment would have to be obtained and an attachment order served by sheriff officer to subsequently allow sale of the goods. I attach a section of the relevant legislation as background reading. http://www.legislation.gov.uk/asp/2007/3/section/208#text%3D%22sequestration%20for%20rent%22 I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15528
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you