Long Leases (Scotland) Act 2012

56 Claims in excess of £500: preliminary notice

(1) This section applies where a landlord intends, after the appointed day, to require or (as the case may be) claim from the tenant under a qualifying lease—

(a) a compensatory payment which is,

(b) an additional payment which is, or

(c) two or more additional payments which, taken together, are,

likely to exceed £500.

(2) The landlord must, not later than 6 months before the appointed day, serve on the person registered as tenant a notice (such notice being referred to in this Act as a “preliminary notice”) stating the landlord’s intention to require or (as the case may be) claim such a payment.

(3) The preliminary notice must—

(a) be in the prescribed form,

(b) state—

(i) the amount of compensatory payment to be required or (as the case may be) additional payment to be claimed, or

(ii) where such amount cannot be determined, the best estimate of such amount, and

(c) be accompanied by a copy of the prescribed explanatory note.

(4) Where a preliminary notice has not been served in accordance with this section—

(a) the amount of compensatory payment required under section 45(2),

(b) the amount of additional payment claimed under section 50(2), or

(c) where two or more additional payments are claimed, the total amount of such payments,

may not exceed £500.