The Housing (Preservation of Right to Buy) (Scotland) Regulations 1993

Abatement of purchase price on landlord’s failure before contract of sale

66A.—(1) Where a qualifying person who seeks to exercise a right to purchase a qualifying house under section 61 has served an application to purchase on the landlord and the landlord–

(a) not having served a notice of refusal, has failed to serve an offer to sell on the qualifying person within 2 months of the application;

(b) having agreed to serve an amended offer to sell on the qualifying person in response to a request under section 65(1), has failed to do so within one month of the request;

(c) following an order by the Lands Tribunal to serve an amended offer to sell on the qualifying person under section 65(3), has failed to do so within 2 months of the date of the order;

(d) following a finding by the Lands Tribunal under section 68(4), has failed to serve an offer to sell within 2 months of the date of the finding; or

(e) following an order by the Lands Tribunal under section 71(2)(b), has failed to serve an offer or amended offer to sell within the time specified in the order,

the qualifying person may serve on the landlord a notice in writing requiring the landlord to serve on him, within one month of the date of the notice, the offer to sell or (as the case may be) the amended offer to sell which the landlord has failed to serve.

(2) Where the landlord fails to serve the offer to sell or the amended offer to sell within one month of the date of the notice in writing under subsection (1), the price fixed under section 62 shall be reduced by the amount of rent paid by the qualifying person during the period commencing with the date on which the one month period expired and ending with the date on which the offer is served.