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Long Leases (Scotland) Act 2012

Allocation disputed or not made

Section 44: Allocation disputed or not made: reference to Lands Tribunal

180.Under subsection (1), the tenant under a continuing lease or the continuing part of a lease can apply to the Lands Tribunal to:

  • challenge the allocation of cumulo rent under sections 39 or 40;

  • challenge the allocation of cumulo renewal premium under section 42;

  • challenge the allocation of rent in relation to partially continuing leases under section 41;

  • challenge the allocation of renewal premium in relation to partially continuing leases under section 43;

  • seek the allocation of cumulo rent or cumulo renewal premium, if the landlord has failed to carry out an allocation within two years from the appointed day; and

  • seek the allocation of rent or renewal premium, where a lease is partially continuing, between the converted subjects and the continuing subjects, where the landlord has failed to do so within 2 years of the appointed day.

181.Where the landlord has made an allocation which is disputed, any application by the tenant to the Lands Tribunal must be made within 56 calendar days, beginning with the day on which notice of the allocation was given to the tenant. Where no allocation is made, the tenant may apply to the Tribunal at any time after the expiry of the two year period running from the appointed day.

182.This section does not give a former tenant of a lease, or part of a lease, extinguished on the appointed day, a right to challenge the amount of compensation claimed by the former landlord where an allocation has been made. However, it is a defence to a claim for compensation that the allocation was unreasonable.

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