[F112BLandlord's objection to legatee or acquirer on intestacy: other personsS
(1)This section applies where the person who gives notice to the landlord under section 11(2) or 12(1) is not a near relative of the deceased.
(2)The landlord may, within 1 month after notice is given under section 11(2) or 12(1), give to the person a counter-notice intimating that the landlord objects to receiving the person as tenant under the lease and—
(a)in the case of a legatee, declaring the bequest to be null and void,
(b)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 subsection (2), the person may, within 1 month after 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,
(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.]
Textual Amendments
F1Ss. 12A-12C inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 109(4), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8)
Modifications etc. (not altering text)
C1S. 12B applied (with modifications) by 2003 asp 11, s. 21(2) (as substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 16(2) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8))
C2S. 12B applied (with modifications) by 2003 asp 11, s. 22(2) (as substituted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 16(3) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 5-8))