PART 2A

Sale where landlord in breach

Procedure for buying and valuation

Failure of seller to complete transaction
38H
1
If the seller has not, within the period fixed by or agreed under section 38F(4)—
a
complied with section 38F(6)(a), or
b
done any of the things mentioned in subsection (2),
the tenant may apply to the Land Court for an order under subsection (3).
2
The things are—
a
concluding missives for the sale of the land, or
b
taking all steps which the seller could reasonably have taken in the time available towards so concluding missives.
3
An order under this subsection may—
a
direct the seller to comply with section 38F(6)(a) within such period as the order may specify,
b
direct the seller—
i
to conclude missives, and
ii
to take such remedial action for the purpose of so concluding missives,
within such period as the order may specify, and
c
direct the tenant and seller to incorporate into the missives any term or condition in respect of the sale of the land as the order may specify.
4
If the seller fails to comply—
a
with an order under subsection (3), or
b
with section 38F(6)(b),
the Land Court may, on the application of the tenant, authorise its principal clerk to adjust, execute and deliver such deeds or other documents as will complete the transfer of ownership of the land to the tenant to the same force and effect as if done by the seller.
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.