Legal Definitions - retention

Retention refers to a legal right, particularly recognized in Scots law, that allows a person who is in lawful possession of movable property belonging to another to keep hold of that property until a specific claim or debt against the property or its owner has been fully satisfied.

This right can take two distinct forms:

• Special Retention

  In Scots law, special retention is the right of a possessor to keep a specific piece of property until they are reimbursed for expenses incurred directly on that particular property. These expenses typically relate to the property's repair, care, or maintenance. The debt must be directly linked to the item being held.

  • Example: A custom tailor alters a wedding dress for a client, performing intricate adjustments and repairs. The client collects the dress but subsequently fails to pay the agreed-upon fee for the alterations. The tailor, having performed work directly on that specific garment, has the right of special retention. They can legally hold onto the wedding dress until the client pays for the services rendered to that particular item.

    Explanation: This illustrates special retention because the tailor is holding the *specific item* (the wedding dress) as security for the payment owed for the services *directly performed on that dress*.

• General Retention

  In Scots law, general retention is a broader right that allows a possessor to keep any property belonging to a debtor as security for a wider range of debts owed by that debtor, not just debts related to the specific item being held. The debt can arise from various transactions or services provided to the debtor.

  • Example: A professional art restorer has completed several projects for a gallery owner over the past year, restoring various paintings and sculptures. The gallery owner has an outstanding balance for several of these past restoration projects. When the gallery owner brings in a new, unrelated sculpture for restoration, the restorer, under a right of general retention (if applicable in their jurisdiction and agreement), might be able to hold onto *any* of the gallery owner's items currently in their possession, including the new sculpture or previously restored pieces, until the *entire outstanding balance* for all past services is settled, not just the payment for the current sculpture's restoration.

    Explanation: This demonstrates general retention because the art restorer is holding an item (the new sculpture or other pieces) as security for a *general debt* owed by the client, which includes services rendered for *other* items or past services, not just the specific service performed on the item currently being held.