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Housing (Scotland) Act 1988

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This is the original version (as it was originally enacted).

60Notice of acceptance

(1)Where an offer to sell notice is served upon an applicant and he wishes to exercise the right conferred by this Part of this Act and—

(a)he does not dispute the offer to sell by timeously serving a notice setting out a request under section 59(1) above or by referring the matter to the Lands Tribunal under section 62(1) below; or

(b)any such dispute has been resolved,

the applicant shall serve a notice of acceptance on the landlord within 2 months of whichever is the latest of—

(i)the service upon the applicant of the offer to sell;

(ii)the service on him of an amended offer to sell (or if there are more than one, of the latest amended offer to sell);

(iii)a determination by the Lands Tribunal under section 59(3) above which does not require service of an amended offer to sell;

(iv)a finding or determination of the Lands Tribunal in a matter referred to it under subsection (1) of section 62 below,

or within such longer period as may be agreed between the applicant and the landlord.

(2)A notice of acceptance under subsection (1) above is of no effect unless the qualifying tenant and the applicant have concluded a lease of the house for a period immediately subsequent to the sale of the house in pursuance of this Part of this Act, being a lease which is conditional upon that sale proceeding.

(3)If a notice of acceptance under subsection (1) above is not served within the period specified in or, as the case may be, agreed under that subsection, the application to which the notice relates shall lapse.

(4)Where an offer to sell (or an amended offer to sell) has been served on the applicant and a relative notice of acceptance has been duly served on the landlord, a contract of sale of the house shall be constituted between the landlord and the applicant on the terms contained in the offer (or amended offer) to sell.

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