PART 2A

Sale where landlord in breach

Procedure for buying and valuation

Failure of tenant to complete transaction
38I
1
If the tenant has not, within the period fixed by or agreed under section 38F(4), done any of the things mentioned in subsection (2), the seller 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 tenant could reasonably have taken in the time available towards so concluding missives.
3
An order under this subsection may—
a
direct the tenant—
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
b
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
The right to buy is extinguished if—
a
the tenant fails to comply with an order under subsection (3), or
b
no order having been applied for under section 38H(3) or under subsection (3), missives have not been concluded before the end of—
i
the period of 12 months beginning with the date when the tenant gave notice under section 38E(3) of the tenant's intention to buy, or
ii
such longer period as the Land Court may, on the application of the tenant, order.
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.