Part 2

Tenant’s right to buy land

Procedure for buying and valuation

Appeal to Lands Tribunal against valuation
37
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.