C2C1Part 2Tenant’s right to buy land

Annotations:
Modifications etc. (not altering text)

Procedure for buying and valuation

I137Appeal to Lands Tribunal against valuation

1

The seller or the tenant may appeal to the Lands Tribunal against the valuation carried out under section 34.

2

An appeal under this section must state the grounds on which it is being made and must be lodged within 21 days of the date of the notice under section 36(4).

3

In an appeal under this section, the Lands Tribunal may—

a

reassess any value of the land (and any factor affecting the value) or of an estate (and how any reduction in the value of an estate is to be apportioned); and

b

for the purposes of section 32(2)(b)(ii), determine the price.

4

The valuer whose valuation is appealed against may be a witness in the appeal proceedings.

5

In the appeal proceedings, in addition to the seller and the tenant, the following persons are entitled to be heard—

a

where the seller is—

i

a creditor in a standard security, the owner of the land; and

ii

the owner of the land, any creditor in a standard security over the land or any part of it; and

b

where the land forms part of an estate—

i

any creditor in a standard security over; and

ii

any tenant of,

any other land forming part of the estate.

6

The Lands Tribunal is to give reasons for its decision on an appeal under this section and is to issue a written statement of these reasons.

7

The decision of the Lands Tribunal in an appeal under this section is final.

8

In this section and section 38, “the Lands Tribunal” means the Lands Tribunal for Scotland.