Agricultural Holdings (Scotland) Act 1923 (c. 10)
1923 c. 10 - continued

back to previous page


    An Act to consolidate the Enactments relating to Agricultural Holdings in Scotland.
  [7th June 1923]



    Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
 
 
COMPENSATION FOR IMPROVEMENTS ON HOLDINGS

Right of tenant to compensation for improvements.


      1.(1)  Where a tenant of a holding has made Right of thereon any improvement comprised in the First Schedule tenant to to this Act, he shall, subject as in this Act mentioned, and, in a case where the lease was entered into on or after the first day of January, nineteen hundred and twenty-one, then, whether the improvement was or was not an improvement which he was required to make by the terms of his tenancy, be entitled, at the termination of the tenancy, on quitting his holding, to obtain from the landlord, as compensation for the improvement, such sum as fairly represents the value of the improvement to an incoming tenant.

    (2)  In the ascertainment of the amount of the compensation payable to a tenant under this section there shall be taken into account—

     (a) any benefit which the landlord has given or alowed to the tenant in consideration of the tenant executing the improvement whether expressly stated in the lease to be so given or allowed or not; and
     (b) as respects manuring as defined by this Act, the value of the manure required by the lease or by custom to be retured to the holding in respect of any crops grown on and sold off or removed from the holding within the last twoyears of the tenancy or other less time for which the tenancy has endured, not exceeding the value of the manure which would have been produced by the consumption on the holding of the crops or sold off or removed.

     (3)  Nothing in this section shall prejudice the right of a tenant to claim any compensation to which he may be entitled under custom, agreement, or otherwise, in lieu of any compensation provided by this section.


Consent of landlord a to improvement in First Schedule, Part I.

        2.  Compensation under this Act shall not he payable in respect of any improvement comprised in Part I. of the Eirst Schedule hereto, unless the landlord of the holding has, previously to the execution of the improve­ ment, consented in writing to the making of the improvement, and any such consent may be given by the landlord unconditionally, or upon such terms as to compensation or otherwise as may be agreed upon between the landlord and the tenant, and, if any such agreement is made, any compensation payable under the agreement shall be substituted for compensation under this Act.

Notice to Landlord as to improvement in First Schedule Part II.

        3. —(1) Compensation under this Act shall not be payable in respect of any improvement comprised in Part II. of the First Schedule hereto, unless the tenant of the holding has, not more than three nor less than two months before beginning to execute the improvement, given to the landlord notice in writing of his intention so to do, and of the manner in which he proposes to do the intended work, and upon such notice being given, the landlord and the tenant may agree on the terms as to compensation or otherwise on which the improvement is to be executed.

     (2) If any such agreement is made, any compensation payable under the agreement shall be substituted for compensation under this Act.

     (3) Or instead of making any such agreement the landlord may undertake to execute the improvement himself and, unless the notice of the tenant is previously withdrawn, proceed to do so in any reasonable and proper manner which he thinks fit, and recover from the tenant as rent a sum not exceeding five per centum per annum on the outlay incurred, or not exceeding such annual sum payable for a period of twenty-five years as will repay that outlay in that period, with interest at the rate of three per centum per annum :

          Provided that—

     (a)  the Board may by regulation substitute such percentages or period as they think fit for the percentages and period mentioned in this sub-section, having due regard to the current rates of interest; and
     (b)  in default of any such agreement or undertaking or in the event of the landlord failing to execute the improvement within a reasonable time, the tenant may execute the improvement, and shall in respect thereof be entitled to compensation under this Act.

     (4) The landlord and the tenant may by the lease or otherwise agree to dispense with any notice under this section, and any such agreement may provide for anything for which an agreement after notice under this section may provide, and in such case shall be of the same validity and effect as such last mentioned agreement.


Agreements as to improvement in First Schedule Part III.

        4. Where any agreement in writing entered into before the first day of January, nineteen hundred and twenty-one, secures to the tenant of a holding, for any improvement comprised in Part III. of the First Schedule schedule hereto, fair and reasonable compensation, having regard to the circumstances existing at the time of making the agreement, the compensation so secured shall as respects that improvement be substituted for compensation under this Act.
 
  continueprevious sectioncontents
  Powhillon home | OPSI home

Crown copyright 1923