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Simple English definitions for legal terms
landlord's hypothec
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A quick definition of landlord's hypothec:
Landlord's hypothec is a legal term that refers to a landlord's right to keep some of the tenant's belongings as security for unpaid rent. This only applies to items that the tenant brought onto the leased property, such as furniture and equipment. Unlike the English remedy of distress, the right of security is only enforced by the landlord's application to the court for a decree of sequestration. This means that the landlord cannot simply take the tenant's belongings without legal approval. The landlord's hypothec is a way for landlords to ensure that they receive the rent they are owed, and it is a common practice in Scots law.
A more thorough explanation:
Definition: A type of mortgage given to a creditor on property to secure a debt. In Scots law, it refers to the lessor's right of security for rent in articles, furniture, and equipment that the tenant brought onto the leased premises.
Example: If a tenant fails to pay rent, the landlord can apply to the court for a decree of sequestration, which allows them to seize the tenant's personal property, such as furniture and equipment, to cover the unpaid rent. This is known as the landlord's hypothec.
Explanation: The example illustrates how the landlord's hypothec works in practice. It shows that the landlord has a legal right to seize the tenant's personal property to cover unpaid rent, but only after obtaining a court order. This ensures that the tenant's rights are protected and that the landlord cannot simply take the property without due process.