F1PART 2ASale where landlord in breach
Sale to third party
38LSale to third party
(1)
This section applies where a tenant's right to buy land in respect of which an order for sale has been made is extinguished under section 38E(6), 38I(4) or 38J(4).
(2)
The tenant may, before the expiry of the period mentioned in subsection (3), apply to the Land Court for the order for sale to be varied to allow the land in respect of which the order has been made to be offered for sale on the open market.
(3)
That period is the period of 28 days beginning with the date on which the right to buy was extinguished.
(4)
The tenant must give notice of the application—
(a)
to the owner,
(b)
where there is a heritable security over an interest in the land to which the application relates, to the creditor who holds the security,
(c)
to such other persons as the Scottish Ministers may prescribe by regulations.
(5)
The Land Court may, if it considers it appropriate in all the circumstances, grant the application and vary the order for sale to require the land to be offered for sale on the open market.
(6)
Where—
(a)
no application is made under subsection (2), or
(b)
the Land Court refuses such an application,
the order for sale ceases to have effect.