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

back to previous page
 

Further provisions as to improvements [1920, s. 15 (3)-(7). 1920, s. 27. S.R.O. 1922.]

        5.—(1)  Subject to the provisions of this section, where a tenant desires to make on his holding or any part of his holding any improvement comprised in the Third Schedule to this Act and the landlord refuses, or within a reasonable time fails, to agree in writing that the holding or that part of the holding shall be treated as a market garden, the. Board may, on the application of the tenant and after hearing the landlord or his representative, and after being satisfied that the holding or part of the holding is suitable for the purposes of market gardening, direct that section forty-two of this Act shall, either in respect of all the improvements comprised in the said Third Schedule or in respect of some only of those improve­ments, apply to the holding or to that part thereof, and the said section shall apply accordingly as respects any improvements executed after the date on which the direction is given:

Provided that nothing in this subsection shall authorise the breaking up of meadow land or pasture.

Any direction given by the Board under this sub­section shall be subject to such conditions, if any, for the protection of the landlord, as the Board may think fit to attach to the direction, and, where any such direction is given, the following provisions shall have effect:—

     (a)  If the tenancy is terminated by notice to quit given by the tenant or by reason of the tenant becoming notour bankrupt or executing a trust deed for behoof of his creditors, the tenant shall not be entitled to compensation in respect of any such improvements as are specified in the direction unless the tenant not later than one month after the date on which the notice to quit is given or the date of the bankruptcy or execu­tion of the trust deed, as the case may be, or such later date as may be agreed, produces to the landlord an offer in writing by a substantial and otherwise suitable person (being an offer which is to hold good for a period of three months from the date on which it is produced), to accept a tenancy of the holding from the termination of the existing tenancy thereof, and on the terms and conditions of that tenancy so far as applicable, and, subject as hereinafter provided, to pay to the outgoing tenant all compensation payable under this Act, or under the lease, and the landlord fails to accept the offer within three months after the production thereof; and 

    (b)  If the landlord accepts any such offer, the incoming tenant shall pay to the landlord on demand all sums payable to him by the outgoing tenant on the termination of the tenancy in respect of rent or breach of contract or other­ wise in respect of the holding, and any amount so paid may, subject to any agreement between the outgoing tenant and incoming tenant, be deducted by the incoming tenant from any compensation payable by him to the outgoing tenant; and

    (c)  If the direction relates to part only of the holding, the direction may, on the application of the landlord, be given subject to the con­ dition that the tenant shall consent to the division of the holding into two parts (one such part being the part to which the direction relates) to be held at rents agreed by the landlord and tenant or in default of agreement settled by the Board, but otherwise on the same terms and conditions as the original holding, so far as applicable.

    (2)  A new tenancy created by the acceptance of a tenant in accordance with the provisions of this section on the terms and conditions of the existing tenancy shall not be deemed to be a new tenancy for the purposes of the provisions of this Act relating to demands for arbitration as to rent.

    (3)  In the exercise of their powers under this section, the Board shall have regard to the likelihood of the land being required for any purpose other than agriculture.

    (4)  If in any case a landlord or tenant by notice in writing given to the other party shall so require, the powers which under this section may^be exercised by the Board shall in that case be exercised by an arbiter appointed and acting under and in accordance with the provisions of this Act.

    (5) Where any agreement in writing secures to the tenant of a holding for any improvement to which the provisions of section forty-two of this Act apply, or are directed under this section to apply, 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.


Determination of claims to compensation.

        6.—(1)  If the tenant of a holding claims to be entitled to compensation, whether under this Act or under custom or agreement, or otherwise, in respect of any improvement comprised in the First Schedule to this Act, and if the landlord and tenant fail to agree as to the amount and time and mode of payment of the compensation, the difference shall he settled by arbitration.

    (2)  Where a claim for compensation under this Act has been referred to arbitration, and the compensation payable under an agreement is by this Act to be substituted for compensation under this Act, such compensation as is to be so substituted shall be awarded in respect of any improvement provided for by the agreement.

Right of tenant who has paid compensation to outgoing tenant.

        7.    Where an incoming tenant of a holding has, with the consent in writing of his landlord, paid to an outgoing tenant any compensation payable under or in pursuance of this Act in respect of the whole or part of any improvement, the incoming tenant shall be entitled on quitting the holding to claim compensation in respect of the improvement or part in like manner, if at all, as the outgoing tenant would have been entitled if he had remained tenant of the holding, and quitted it at the time at which the incoming tenant quits it.

Provision as to change of tenancy.

        8.    A tenant who has remained in his holding during two or more tenancies shall not, on quitting his holding, be deprived of his right to claim compensation under this Act in respect of improvements by reason only that the improvements were not made during the tenancy on the termination of which he quits the holding.
 

 

COMPENSATION IN RESPECT OF INCREASED OR DIMINISHED VALUE OF HOLDING.


 Compensation for continuous adoption of special standard or system of farming.

        9.—(1)  Where a tenant on quitting a holding proves to the satisfaction of an arbiter appointed under this Act that the value of the holding to an incoming tenant has been increased during the tenancy by the continuous adoption of a standard of farming or a system of farming' which has been more beneficial to the holding than the standard or system (if any) required by the lease, the arbiter shall award to the tenant such compensation as in his opinion represents the value to an incoming tenant of the adoption of that standard or system:

    Provided that—

    (a)  This section shall not apply in any case unless a record of the condition of the holding has been made under this Act or any Act by this Act repealed or in respect of any matter arising before the date of the record so made; and

     (b)  Compensation shall not be payable under this section unless the tenant has, before the termination of the tenancy, given notice in writing to the landlord of his intention to claim such compensation; and
     (c)  The arbiter in assessing the value to an is incoming tenant shall make due allowance for any compensation agreed or awarded to be paid to the tenant for any improvement specified in the First Schedule to this Act which has caused or contributed to the benefit.
(2)  Nothing in this section shall entitle a tenant to recover in respect of an improvement specified in the Erst Schedule or the Third Schedule to this Act any compensation which he would not have been entitled to recover if this section had not been passed.

    (3)  The continuous adoption of such a beneficial standard or system of farming as aforesaid shall be treated as an improvement for the purposes of the provisions of this Act relating to the determination of the rent properly payable in respect of a holding.

Compensation to landlord for deterioration of holding.

        10.     Where a landlord proves, to the satisfaction of an arbiter appointed under this Act, on the termination of the tenancy of a holding, that the value of the holding has been deteriorated during the tenancy by the failure of the tenant to cultivate the holding according to the rules of good husbandry or the terms of the lease, the arbiter shall award to the landlord such compensation as in his opinion represents' the deterioration of the holding due to such failure:

Provided that compensation shall not he payable under this section unless the landlord has, before termina­tion of the tenancy, given notice in writing to the tenant of his intention to claim such compensation:

Provided also that nothing in this section shall prevent a landlord from claiming compensation for dilapidations or for the deterioration of the holding under the lease.
 

 

COMPENSATION FOR DAMAGE BY GAME.


Compensation for damage by game.

        11.—(1)  Where a tenant of a holding has sustained damage to his crops from game, the right to kill and take which is vested neither in him nor in anyone claiming under him other than the landlord, and which the tenant has not permission in writing to kill, he shall, subject as herein-after mentioned, be entitled to compensation from his landlord for such damage if it exceeds in amount the sum of one shilling per acre of the area over which the damage extends.

    (2)  The amount of compensation payable under this section shall, in default of agreement made after the damage has been suffered, be determined by arbitration, but no compensation shall be recoverable under this section unless notice in writing is given to the landlord as soon as may be after the damage was first observed by the tenant, and a reasonable opportunity is given to the landlord to inspect the damage—
     (a) in the case of damage to a growing crop, before the crop is begun to be reaped, raised, or consumed; and
     (b) in the case of damage to a crop reaped or raised, before it is begun to be removed from the land—

and unless notice in writing of the claim, together with the particulars thereof, is given to the landlord within one month after the expiration of the calendar year, or such other period of twelve months as by agreement betwen the landlord and the tenant may be substituted therefor in respect of which the claim is made.

    (3)  Where the landlord proves that, under a lease made before the first day of January, nineteen hundred and nine, any compensation for damage by game is payable by him, or that in fixing the rent to be paid under such lease allowance in respect of such damage to an agreed amount was expressly made, the arbiter shall make such deduction from the compensation which would otherwise be payable under this section as may appear just.

    (4)  Where the right to kill and take the game is vested in some person other than the landlord, the landlord shall be entitled to be indemnified by such other person against all claims for compensation under this section.

    (5) For the purposes of this section, the expression " game" means deer, pheasants, partridges, grouse, and black game.

 
COMPENSATION FOR DISTURBANCE

Compensation for disturbance.

        12.—(1)  Where the tenancy of a holding terminates by reason of a notice to quit given by the landlord, and in consequence of such notice the tenant quits the holding, then, unless the tenant—
    (a) was not at the date of the notice cultivating the holding or according to the rules of good husbandry; or  

    (b) had, at the date of the notice, failed to comply within a reasonable time with any notice in writing by the landlord served on him requiring him to pay any rent due in respect of the holding or to remedy any breach, being a breach which was capable of being remedied, of any term or condition of the tenancy consistent with good husbandry; or

    (c) had, at the date of the notice, materially prejudiced the interests of the landlord by committing a breach which was not capable of being remedied of any term or condition of the tenancy consistent with good husbandry; or

    (d) was at the date of the notice a person who had become notour bankrupt or executed a trust deed for behoof of his creditors; or

    (e)  has, after the thirty-first day of December, nine­ teen hundred and twenty, refused, or within a reasonable time failed, to agree to a demand made to him in writing by the landlord for arbitration as to the rent to be paid for the holding as from the next ensuing date at which the tenancy could have been terminated by notice to quit given by the landlord at the date of the said demand; or

    (f)  had, at the date of the notice, unreasonably refused, or within a reasonable time failed, to comply with a demand made to him in writing by the landlord requiring him to execute at the expense of the landlord an agreement setting out the existing terms of the tenancy ;

and unless notice in writing of the claim, together with the particulars thereof, is given to the landlord within one month after the expiration of the calendar year, or such other period of twelve months as by agreement betwen the landlord and the tenant may be substituted therefor in respect of which the claim is made.

    Provided that—

    (i) compensation shall not be payable under this section in any case where the landlord has made to the tenant an offer in writing to with­draw the notice to quit and the tenant has unreasonably refused or failed to accept the offer; and  

    (ii)  this section shall not apply where notice to quit was given on or before the twentieth day of May nineteen hundred and twenty; and

    (iii)  where notice to quit was given after that date but before the first day of January, nineteen hundred and twenty-one, this section shall apply whether or not the notice stated the reason or reasons for which it was given.


    (2)  The landlord of a holding may at any time apply to the Board for a certificate that the tenant is not cultivating the holding according to the rules of good husbandry, and, on any such application being made, the Board, after giving to the landlord and the tenant or their respective representatives an opportunity of being the certificate within one month after the date of the application.

The landlord or tenant may, within seven days after the notification to him of the refusal or grant by the Board of a certificate, require the question as to whether the holding is being cultivated according to the rules of good husbandry to be referred to an arbiter who may grant a certificate for the purpose of this subsection or revoke the certificate granted by the Board, and the award of the arbiter shall be given within twenty-eight days of the date on which the matter is referred to him.

Subject to any such appeal, a certificate granted under this subsection shall be conclusive evidence that the holding is not being cultivated according to the rules of good husbandry.


    (3)  Where the landlord of a holding refuses, or within a reasonable time fails to agree to, a demand made to him in writing by the tenant for arbitration as to the rent to be paid for the holding as from the next ensuing date at which the tenancy could have been terminated by notice to quit given by the tenant at the date of the said demand, and by reason of the refusal or failure the tenant exercises his power of terminating the tenancy by a notice stating that it is given for that reason, the tenant shall be entitled to compensation in the same manner as if the tenancy had been terminated by notice to quit given by the landlord. Provided that such compensation shall not be payable if the circumstances are such that a notice to quit could have been given by the landlord for any of the reasons mentioned in paragraphs (a), (b), or (<?) of subsection (1) of this section.

    (4)  The provisions of this section relating to demands for arbitration as to the rent to be 1 paid for a holding shall not apply where the demand, if made later than six months after the thirty-first day of December, nineteen hundred and twenty, is so made that the increase or reduction of the rent would take effect at some time before the expiration of five years from the commence­ment of the tenancy of the holding or from the date on which a previous increase or reduction of the rent took effect.

    (5)—(a) Where a demand in writing for arbitration as to the rent to be paid for a holding has been made for the purposes of this section, and has been agreed to, whether in writing or otherwise, the question as to the rent shall be referred to arbitration.

    (b) An arbiter, in determining for the purposes of this section what rent is properly payable in respect of a holding, shall not take into account any increase in the rental value which is due to improvements which have been executed thereon so far as they were executed wholly or partly by and at the expense of the tenant without any equivalent allowance or benefit made or given by the landlord in consideration of their execution and have not been executed by him under an obligation imposed by the terms of his lease, or fix the rent at a higher amount than would have been properly payable if those improvements had not been so executed, and shall not fix the rent at a lower amount by reason, of any dilapidation or deterioration of land or buildings made or permitted by the tenant.

    (6) The compensation payable under this section shall be a sum representing such loss or expense directly attributable to the quitting of the holding as the tenant may unavoidably incur upon or in connection with the sale or removal of his household goods, implements of husbandry, fixtures, farm produce or farm stock on or used in connection with the holding, and shall include any expenses reasonably incurred by him in the preparation of his claim for compensation (not being costs of an arbitra­tion to determine the amount of the compensation), but for the avoidance of disputes such sum shall, for the purposes of this Act, be computed at an amount equal to one year's rent of the holding, unless it is proved that the loss and expenses so incurred exceed an amount equal to one year's rent of the holding, in which case the sum recoverable shall be such as represents the whole loss and expenses so incurred up to a maximum amount equal to two years' rent of the holding.

In this subsection the expression "rent means the rent after deduction of such an amount as the arbiter failing agreement, may find to be equivalent to the amount (if any) annually payable by the landlord in respect of the holding by way of—

    (a)  any public rates, taxes, or assessments which in England are by law a charge on the occupiers of lands; or

    (b)  any public rates or taxes or other public burdens the like whereof are not chargeable on lands in England.
  (7) Compensation shall not be payable under this section—

    (a) in respect of the sale of any goods, implements, fixtures, produce or stock unless the tenant has before the sale given the landlord a reasonable opportunity of making a valuation thereof; or

    (b)  unless the tenant has, not less than one month before the termination of the tenancy, given notice in writing to the landlord of his intention to make a claim for compensation under this section; or

    (c)  where the tenant with whom the lease was entered into has died within three months before the date of the notice to quit; or

    (d)  if in a case in which the tenant under section thirty of this Act accepts a notice to quit part of his holding as a notice to quit the entire holding, the part of the holding affected by the notice given by the landlord, together with any other part of the holding affected by any previous notice given under that section by the landlord to the tenant, is less than one-fourth part of the original holding, or the holding as proposed to be diminished is reasonably capable of being cultivated as a separate holding, except compen­sation in respect of the part of the holding to which the notice to quit related; or

    (e)  where the holding was let to the tenant by a corporation carrying on a railway, canal, water, or oher undertaking, or by a government department or a local authority, and possession of the holding is required by the corporation, department, or authority for the purpose (not being he use of the land for agriculture for which it was acquired by the corporation, department, or authority, or appropriated under any statutoy provision; or

    (f)  in the case of a permanent pasture which the landlord has been in the habit of letting annually for seasonal grazing, and which has since the fourth day of August, nineteen hundred and four­teen, and before the first day of January, nineteen hundred and twenty-one, been let to a tenant for a definite and limited period for cultivation as arable land, on the condition that the tenant shall, along with the last or waygoing crop, sow p ermanent grass seeds ; or

    (g)  where a written lease has been entered into (whether before or after the commencement of this Act), for the letting by the landlord to the tenant of a holding, which at the time of the creation of the tenancy had then been for a period of not less than twelve months in the occupation of the landlord, upon the express terms that if the landlord desires to resume that occupation before the expiration of a specified term not exceeding seven years the landlord should be entitled to give notice to quit without becoming liable to pay to the tenant any compensation for disturbance, and the landlord desires to resume occupation within the specified period, and such notice to quit has been given accordingly.


    (8)  In any case where a tenant holds two or more holdings, whether from the same landlord or different landlords, and receives notice to quit one or more but not all of the holdings, the compensation for disturbance in respect of the holding or holdings shall be reduced by such amount as is shown to the satisfaction of the arbiter to represent the reduction (if any) of the loss attributable to the notice to quit by reason of the continuance in possession by the tenant of the other holding or holdings.

    (9)  The landlord shall, on an application made in writing after the thirty-first day of December, nineteen hundred and twenty, by the tenant of a holding to whom a notice to quit has been given which does not state the reasons for which it is given, furnish to the tenant within twenty eight days after the receipt of the application a statement in writing of the reasons for the giving of the notice, and, if he fails unreasonably so to do, compensa­tion, shall be payable under this section as if the notice to quit had not been given for a reason specified in subsection (1) of this section.

    (10) The expression " holding " in this section shall not include any land which forms part of any park, garden, or pleasure ground attached to and usually occupied with the mansion house, or any land adjoining the mansion house which is required for its protection or amenity, or any permanent grass park held for the purposes of a business or calling not primarily agricul­tural or pastoral, including that of butcher, cattle-dealer, and the like, and the compensation for disturbance payable in respect of a notice to quit given in respect of any such land or grass park shall be such compensation (if any) as is payable under the provisions of section thirteen of this Act.

    (11) Compensation payable under this section shall be in addition to any compensation to which the tenant may be entitled in respect of improvements.

 
  continueprevious sectioncontents
  Powhillon home | OPSI home

Crown copyright 1923