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Housing (Scotland) Act 2006

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This is the original version (as it was originally enacted).

85Discharge of conditions

This section has no associated Explanatory Notes

(1)At any time when the conditions mentioned in section 83 require to be complied with in relation to any land or premises, the owner or a creditor in a standard security with a right to sell may pay to the local authority the sum which would be payable by virtue of section 86 in the event of a breach of those conditions.

(2)The reference in subsection (1) to a “right to sell” is a reference to the right of the creditor to sell the land or premises under—

(a)section 20(2) or 23(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), or

(b)a warrant granted under section 24(1) of that Act.

(3)On the making of the payment observance of those conditions ceases to be required.

(4)Where, following a breach of any of those conditions, the local authority demands payment under section 86(1), observance of the conditions mentioned in section 83 ceases to be required.

(5)On the making of a payment referred to in subsection (3) or a demand for payment referred to in subsection (4) the authority must—

(a)if a notice was registered under subsection (1) of section 84, register a further notice in the appropriate land register,

(b)if a written record was kept under subsection (3) of that section, amend that record,

specifying that observance of the conditions is no longer required.

(6)The owner for the time being of the land or premises must pay to the local authority the amount of the expenses of registering the notice under subsection (5).

(7)A sum paid under subsection (1) by a creditor in a standard security forms part of the sum secured by the standard security.

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