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Long Leases (Scotland) Act 2012

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68Exemption and recall notices: supplementary

This section has no associated Explanatory Notes

(1)Subsections (2) and (3) apply to a tenant under a lease where—

(a)the lease is a qualifying lease and the tenant intends to execute and register an exemption notice, or

(b)the lease is an exempt lease and the tenant intends to execute and register a recall notice.

(2)Except where it is not reasonably practicable to do so, the tenant must, before the notice is executed, send by post to the person registered as landlord under the lease and (as the case may be) the person registered as landlord under any superior lease a copy of—

(a)the notice, and

(b)the prescribed explanatory note.

(3)Before the notice is executed, the tenant must state in the notice either—

(a)that a copy of the notice has been sent in accordance with subsection (2), or

(b)that it was not reasonably practicable for such a copy to be sent (and the reasons why that was so).

(4)An exemption notice or (as the case may be) recall notice must be registered against the title of the tenant who executed the notice.

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