PART 2A

Sale where landlord in breach

Procedure for buying and valuation

Appointment of valuer and valuation of the land
38G
1
The provisions mentioned in subsection (2) apply to a sale implementing a tenant's right to buy by virtue of an order for sale as they apply to a sale implementing a tenant's right to buy under section 28, subject to the modifications mentioned in that subsection.
2
Those provisions are—
a
section 33 (appointment of valuer), subject to the modifications that—
i
in subsection (2), the reference to section 29(2) or (4) is to be read as a reference to section 38E(3),
ii
subsection (5) does not apply,
b
section 34 (valuation of land), subject to the modifications that—
i
in subsection (1), the reference to the date of notice under section 26 of the seller's proposal to transfer the land is to be read as a reference to the date of notice under section 38E(3),
ii
in subsection (8), the reference to section 32(2)(b)(i) is to be read as a reference to section 38F(2)(b)(i),
c
section 35 (special provision where buyer is general partner in limited partnership), subject to the modification that the reference to section 28 is to be read as a reference to section 38E,
d
section 36 (further provision on valuation), subject to the modifications that—
i
in subsection (6)(a), the reference to section 32(7) is to be read as a reference to section 38I(3),
ii
the following subsection is to be inserted after subsection (6)—
6A
Where—
a
the Land Court has made an order under section 38H(3),
b
the seller to whom the order applies has complied with the order, and
c
the tenant does not proceed with the purchase of the land from the seller,
the tenant is liable to the seller for any expenses met by the seller by virtue of subsection (5).
,
e
section 37 (appeal to the Lands Tribunal against valuation), subject to the modification that, in subsection (3)(b), the reference to section 32(2)(b)(ii) is to be read as a reference to section 38F(2)(b)(ii), and
f
section 38 (referral of certain matters by the Lands Tribunal to the Land Court).
Pt. 2A inserted (23.12.2016 for specified purposes) by Land Reform (Scotland) Act 2016 (asp 18), ss. 100(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.