Landlord hypothec
Under common law, your landlord has a right known as the ‘landlord’s hypothec’.
1s208 BD(S)A 2007 This gives them security over moveable property that you own, which is kept on land or in buildings that you rent from them. It does not allow your landlord to take these items from you.
In practice, the landlord’s hypothec will not benefit your landlord unless you become insolvent. If this happens, the landlord should be paid first out of any money raised by the sale of items covered by the hypothec.
The landlord’s hypothec is only security for rent that is due but unpaid. Your landlord’s rights under the landlord’s hypothec only continue for as long as that rent remains unpaid. However, the right does not apply to:
•items kept in a home, a mobile home, a croft or on agricultural land; and
•property owned by someone other than you; and
•property a third party obtains from you in good faith.
Be sure to check the wording of any lease. If in doubt, seek a legal opinion.