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Housing (Scotland) Act 1987
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Changes over time for: Section 322
Version Superseded: 01/04/2009
Alternative versions:
- 01/02/1991- Amendment
- 01/05/2005
Point in time - 01/04/2009- Amendment
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322 Sheriff may determine lease in certain cases.S
(1)Where in respect of any premises that are leased—
(a)a closing order, a demolition order or a resolution passed under section 125 has become operative, and
(b)the lease is not determined,
the landlord, the tenant, or any other person deriving right under the lease may apply to the sheriff within whose jurisdiction the premises are situated for an order determining the lease.
(2)On any such application the sheriff, after giving to any subtenant or other person whom he considers to be interested in the matter an opportunity of being heard, may, if he thinks fit, order that the lease shall be determined, either unconditionally or subject to such terms and conditions (including conditions with respect to the payment of money by any party to the proceedings to any other party thereto by way of compensation or damages or otherwise) as he may think it just and equitable to impose.
(3)In making an order under subsection (2) the sheriff shall have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
(4)The sheriff shall not be entitled to order any payment to be made by the landlord to the tenant in respect of the lease of a house.
(5)In this section the expression “lease” includes a sublease and any tenancy or tacit relocation following on a lease.
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