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Housing (Scotland) Act 2010

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This is the original version (as it was originally enacted).

133Refusal of application

This section has no associated Explanatory Notes

(1)A local authority landlord may refuse an application made under section 128 (by giving notice of refusal to the applicant) where it—

(a)disputes the applicant’s right to acquire under this Part, or

(b)considers after reasonable inquiry (including giving the applicant a reasonable opportunity to amend the application) that any information in the application is materially incorrect.

(2)A notice of refusal must—

(a)specify the grounds of the dispute or, as the case may be, the information considered to be materially incorrect, and

(b)must be given—

(i)where given under subsection (1)(a), within 1 month of the date on which the application was made, and

(ii)where given under subsection (1)(b), within 2 months of that date.

(3)The applicant may, within 1 month of a notice of refusal being given, refer the matter to the Lands Tribunal for a finding that the applicant is entitled to exercise the right conferred by this Part on such terms as it may determine.

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