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[F1PART 3ASRelinquishing and assignation of holdings

Textual Amendments

F1Pt. 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

Modifications etc. (not altering text)

CHAPTER 1STenant's offer to relinquish holding

Landlord's response to tenant's offer to quit tenancyS

32QLandlord's acceptance of notice of intention to relinquishS

(1)The section applies where the landlord wishes to accept the tenant's notice of intention to relinquish.

(2)The landlord must—

(a)serve notice on the tenant which complies with subsection (3), and

(b)pay the amount of compensation calculated under section 32L before the expiry of the period mentioned in subsection (5).

(3)A notice complies with this subsection if it—

(a)is served before the expiry of the period mentioned in subsection (4), and

(b)states that the landlord will, in exchange for the tenant quitting the tenancy, pay to the tenant—

(i)the amount of compensation assessed by the valuer and specified in the notice of assessment, or

(ii)where the Lands Tribunal has determined under section 32N(3)(b) that the compensation should be a different amount, that amount.

(4)The period referred to in subsection (3)(a) is the period of 28 days beginning with the date on which the period, within which the tenant may, under section 32P, withdraw the notice of intention to relinquish, expires.

(5)The period referred to in subsection (2)(b) is the period of 6 months beginning with the date on which the period, within which the tenant may, under section 32P, withdraw the notice of intention to relinquish, expires.

(6)A notice served under subsection (2)(a) is a “notice of acceptance”.

(7)The landlord must, at the same time as serving a notice of acceptance, send a copy of the notice to the Tenant Farming Commissioner.

(8)The Scottish Ministers may by regulations specify the form and content of notices of acceptance.

(9)Regulations under subsection (8) are subject to the negative procedure.]