Housing (Scotland) Act 1987

PART IIPRICE PAYABLE AND VALUATION

The price

9(1)The price payable for the acquisition of an interest in pursuance of this Part is 95 per cent. of the value of the interest at the relevant time.

(2)In this Schedule, "the relevant time" means the time at which the notice under paragraph 3 (authority's notice of proposed terms of acquisition) is served on the person entitled to assistance.

The value

10(1)For the purposes of this Schedule, the value of an interest at the relevant time is the amount which, at that time, would be realised by a disposal of the interest on the open market by a willing seller to a person other than the purchasing authority on the following assumptions—

(a)that none of the defective dwellings to which the designation in question relates is affected by the qualifying defect;

(b)that no liability has arisen under the provisions in section 72;

(c)that no obligation to acquire the interest arises under this Part; and

(d)that (subject to the preceding paragraphs) the seller is selling with and subject to the rights and burdens with and subject to which the disposal is to be made.

(2)Where the value of an interest falls to be considered at a time later than the relevant time and there has been since the relevant time a material change in the circumstances affecting the value of the interest, the value at the relevant time shall be determined on the further assumption that the change had occurred before the relevant time.

(3)In determining the value of an interest no account shall be taken of any right to the grant of a tenancy under section 282 (former owner-occupier) or section 283 (former statutory tenant).

Determination of value

11(1)Any question arising under this Schedule as to the value of an interest in a defective dwelling shall be determined by the district valuer in accordance with this paragraph.

(2)The person entitled to assistance or the purchasing authority may require that value to be determined or redetermined by notice in writing served on the district valuer—

(a)within the period beginning with the service on the person entitled to assistance of an offer to purchase under paragraph 3 (authority's notice of proposed terms of acquisition) and ending with the conclusion of missives; or

(b)after the end of that period but before the parties enter into an agreement for the acquisition of the interest of the person so entitled, if there is a material change in the circumstances affecting the value of the interest.

(3)A person serving notice on the district valuer under this paragraph shall serve notice in writing of that fact on the other party.

(4)Before making a determination in pursuance of this paragraph, the district valuer shall consider any representation made to him, within four weeks of the service of the notice under this paragraph, by the person entitled to assistance or the purchasing authority.

Certain grant conditions cease to have effect

12—Where the interest to be acquired is or includes a house in relation to which a grant has been made under Part XIII—

(a)observance with respect to the house of any of the conditions specified in section 246 (conditions to be observed with respect to a house in respect of which a grant has been made) shall cease to be required with effect from the time of disposal of the interest and paragraph 6 of Schedule 19 (requirements as to records when observance of conditions ceases to be required) shall apply as it applies in the case there mentioned; and

(b)the owner for the time being of the house shall not be liable to make in relation to the grant any payment under Schedule 19 (consequences of breach of conditions) unless the liability to do so arises from a demand made before the time of disposal of the interest.