F1PART 3ARelinquishing and assignation of holdings
CHAPTER 1Tenant's offer to relinquish holding
Appeal against valuer's assessment
32NAppeal to Lands Tribunal against valuer's assessment
1
The tenant or the landlord may appeal to the Lands Tribunal against a notice of assessment.
2
An appeal under this section must—
a
state the grounds on which it is being made, and
b
be lodged before the expiry of the period of 21 days beginning with the date the notice of assessment was served.
3
The Lands Tribunal may—
a
reassess any value or amount of compensation mentioned in section 32J(1) (and any factor affecting the value or amount),
b
determine the amount to be payable by the landlord to the tenant as compensation, calculated in accordance with section 32L, were the landlord to accept the tenant's notice of intention to relinquish.
4
The valuer whose assessment is appealed against may be a witness in the appeal proceedings.
5
In the appeal proceedings, in addition to the landlord and the tenant, the following persons are entitled to be heard—
a
where the landlord is a creditor in a standard security, the owner of the land,
b
where the landlord is the owner of the land, any creditor in a standard security over the land or any part of it.
6
The Lands Tribunal is to give written reasons for its decision on an appeal under this section.
7
The decision of the Lands Tribunal in an appeal under this section is final.
Pt. 3A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2; S.S.I. 2020/428, reg. 2