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Long Leases (Scotland) Act 2012

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This is the original version (as it was originally enacted).

55Claim for additional payment: reference to Lands Tribunal

This section has no associated Explanatory Notes

(1)If no agreement has been reached under section 53 or 54, the—

(a)former landlord, or

(b)former tenant,

may refer any matter arising in relation to a claim for an additional payment under section 50 to the Lands Tribunal.

(2)In determining any such matter, the Lands Tribunal may make such order as it thinks fit (including an order fixing the amount of additional payment).

(3)Where the Lands Tribunal makes an order fixing an additional payment which is equal to or greater than £50 it must provide the former tenant with the option of making the payment in instalments in accordance with section 57 but—

(a)no instalment document is required,

(b)in subsection (3)(b) of that section, for the words “when so returning such document” there is to be substituted “before the expiry of the period of 28 days beginning with the day on which the Lands Tribunal makes the order fixing the additional payment”, and

(c)the reference in subsection (4) of that section to the date on which the instalment document is served is to be construed as a reference to the date on which the Lands Tribunal makes the order.

(4)A reference under subsection (1) must be made before the expiry of the period of 5 years beginning with the appointed day.

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