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Paragraph 34 Landlord’s objection to successor: other personsI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where a landlord is given a notice under paragraph 31(5) or 32(2) by a legatee or (as the case may be) acquirer who is not a near relative of the deceased.

(2)

The landlord may, within the period of 28 days beginning with the day on which the notice is given, give the person a counter-notice—

(a)

indicating that the landlord objects to the person’s succession to the small landholding,

(b)

setting out the landlord’s grounds for objecting, and

(c)

either—

(i)

in the case of a legatee, declaring the bequest to be null and void, or

(ii)

in the case of an acquirer, terminating the lease with effect as from such term of Whitsunday or Martinmas as the landlord specifies, being a term at least 1 year but no more than 2 years from the date of the counter-notice.

(3)

If the landlord gives a counter-notice under sub-paragraph (2), the person to whom it is given may, within the period of 28 days beginning with the day on which the counter-notice is given, appeal to the Land Court.

(4)

If, on the hearing of such an appeal, any reasonable ground stated by the person—

(a)

in the case of a legatee, for not declaring the bequest to be null and void, or

(b)

in the case of an acquirer, for not terminating the lease,

is established to the satisfaction of the Land Court, it must make an order quashing the counter-notice.

(5)

In any other case, the Land Court must make an order confirming the counter-notice.

(6)

Where the Land Court quashes a counter-notice under sub-paragraph (4), the deceased small landholder’s lease of the holding is, accordingly, to be binding on the landlord and the legatee or (as the case may be) acquirer, as landlord and small landholder respectively—

(a)

in the case of the legatee, from the date of the deceased landholder’s death,

(b)

in the case of the acquirer, from the date on which the deceased landholder’s interest in the small landholding was transferred under section 16 of the Succession (Scotland) Act 1964.

(7)

A decision of the Land Court under this paragraph is final.

Annotations

Commencement

I1

Sch. 2 para. 34 not in force at Royal Assent, see s. 47(2)