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

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REMOVING FOR NON-PAYMENT OF RENT.

Removal of tenants.

        25. In any case in which the landlord's right of hypothec for the rent has ceased and determined—

    (1) When six months rent of the holding is due and unpaid, it shall be lawful for the landlord to raise an action of removing before the sheriff against the tenant, concluding for his removal from the holding at the term of Whitsunday or Martinmas next ensuing after the action is brought, and, unless the arrears of rent then due are paid or caution is found to the satisfaction of the sheriff for the same, and for one year's rent further, the sheriff may decern the tenant to remove, and eject him at such term in the same manner as if the lease were determined, and the tenant had been legally warned to remove:

    (2)  A tenant so removed shall have the rights of an outgoing tenant to which he would have been entitled if his lease had naturally expired at such term of Whitsunday or Martinmas :

   (3)  The provisions of section five of the Act of sederunt anent removing of the fourteenth day of December, seventeen hundred and fifty-six, shall not apply in any case in which the procedure under this section is competent.

 
NOTICE OF TERMINATION OF TENANCY.

Notice of termination of tenancy.

        26.—(1)  Notwithstanding the expiration of the stipulated endurance of any lease, the tenancy shall not come to an end unless written notice has been given by either party to the other of his intention to bring the tenancy to an end—

    (a)  in the case of—

    (i) leases for three years and upwards entered into before the twenty-fourth day of December, nineteen hundred and twenty, and 

    (ii) leases for two years and upwards entered into on or after the said date,

    not less than one year nor more than two years before the termination of the lease; and

    (b)  in the case of—

    (i)  leases from year to year or for any other period less than three years entered into before the twenty-fourth day of December, nineteen hundred and twenty, and  

    (ii)  leases from year to year or for any other period less than two years entered into on or after the said date,

    not less than six months before the termination of the lease.

    (2) Failing such notice by either party, the lease shall be held to be renewed by tacit relocation for another year and thereafter from year to year, and in the case of any lease so renewed the period of notice required to terminate the tenancy shall, where the notice is given after the thirty-first day of May, nineteen hundred and twenty-one, be not less than one year nor more than two years.
 

    (3)

    (a) The provisions of the Sheriff Courts (Scotland) Act, 1907, relating to removings shall, in the case of any holding to which this section applies, have effect subject to the provisions of this section.
     (b) Notice by the landlord to the tenant under this section shall be given either in the same manner as notice of removal under section six of the Removal Terms (Scotland) Act, 1886, or in the form and manner prescribed by the Sheriff Courts (Scotland) Act, 1.907, and shall come in place of the notice required by the last-mentioned Act.

    (4) Nothing in this section shall affect the right of a landlord to remove a tenant who has been sequestrated under the Bankruptcy ( Scotland ) Act, 1913, or who by failure to pay rent or otherwise has incurred any irritancy of his lease or other liability to be removed.

    (5) The provisions of this section relative to notice shall not apply to any stipulation in a lease entitling the landlord to resume land for building, planting, feuing, or other purposes, or to subjects let for any period less than a year.

 
RESTRICTION OF NOTICES TO QUIT IN CASE OF SALE.

Restriction of notices to quit.

        27.—(1) On the making of any contract for sale of a holding or any part of a holding held by a tenant from year to year, any then current and unexpired notice to determine the tenancy of the holding given to the tenant, either before or after the commencement of this Act shall, if the contract for sale is made by the person by whom the notice to quit was given, be null and void, unless the tenant has, after the nineteenth day of August, nineteen hundred and nineteen, and prior to such contract of sale, by writing agreed that such notice shall be valid.

    (2)  This section shall not apply to a contract for sale to a Government department or local authority for the purpose of providing small holdings or allotments or for any other public purpose made before the twentieth day of August, nineteen hundred and twenty-two.

 
BEQUEST OF LEASE.

Bequest of lease.

        28. A tenant of a holding may, by will or other testamentary writing, bequeath his lease to any person (in this section referred to as the legatee) subject to the following provisions:—
    (a)  The legatee shall intimate the testamentary bequest to the landlord within twenty-one days after the death of the tenant, unless he is prevented by some unavoidable cause from making intimation within that time, and in that event he shall make intimation as soon as possible thereafter:

    (b)  Intimation to the landlord by the legatee shall import acceptance of the lease by the legatee:

    (c)  Within one month after intimation has been made to the landlord he may intimate to the legatee that he objects to receive him as tenant under the lease:

    (d)  If the landlord makes no such intimation within one month, the lease shall be binding on the landlord and the legatee respectively, as landlord and tenant, as from the date of the death of the deceased tenant:

    (e)  If the landlord intimates that he objects to receive the legatee as tenant under the lease, the legatee may present a petition to the sheriff, praying for decree declaring that he is tenant under the lease as from the date of the death of the deceased tenant, of which petition due notice shall be given to the landlord, who may enter appearance and state his grounds of objection; and, if any reasonable ground of objection is established to the satisfaction of the sheriff, he shall declare the bequest to be null and roid; but otherwise he shall decern and declare in terms of the prayer of the petition:

    (f)  The decision of the sheriff under such petition as aforesaid shall be final:

    (g) Pending any proceedings under this section, the legatee shall have possession of the holding, unless the sheriff otherwise directs on cause shown:

    (h) If the legatee does not accept the bequest, or if the bequest is declared to be null and void as aforesaid, the lease shall descend to the heir of the tenant in the same manner as if the bequest had not been made.

 
FIXTURES AND BUILDINGS.

Tenant's property in fixtures and buildings.

        29.—(1)  Any engine, machinery, fencing, or other fixture affixed to a holding by a tenant, and any building erected by him thereon for which he is not under this Act or otherwise entitled to compensation, and which is not so affixed or erected in pursuance of some obligation in that behalf or instead of some fixture or building belonging to the landlord, shall be the property of and be removable by the tenant before or within a reasonable time after the termination of the tenancy :

Provided that—

    (i)  Before the removal of any fixture or building the tenant shall pay all rent owing by him, and shall perform or satisfy all other his obligations to the landlord in respect of the holding :  

    (ii)  In the removal of any fixture or building the tenant shall not do any avoidable damage to any other building or other part of the holding:

    (iii)  Immediately after the removal of any fixture or building the tenant shall make good all damage occasioned to any other building or other part of the holding by the removal:

    (iv)  The tenant shall not remove any fixture or building without giving one month's previous notice in writing to the landlord of his inten­tion to remove it:

    (v)  At any time before the expiration of such notice the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture or building comprised in the notice given by the tenant as aforesaid and any fixture or building thus elected to be pur­chased shall be left by the tenant, and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming tenant of the holding.

    (2)  The provisions of this section shall apply to a fixture or building acquired since the thirty-first day of December, nineteen hundred, by a tenant in like manner as they apply to a fixture or building affixed or erected by a tenant, but shall not apply to any fixture or building affixed or erected before the first day of January, eighteen hundred and eighty-four.

 
MISCELLANEOUS RIGHTS OF LANDLORD AND TENANT.

Resumption of possession for cottages, &c.

        30. Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes :—
    (i)  The erection of farm labourers' cottages or other houses with or without gardens; 

    (ii)  The provision of gardens for farm labourers' cottages or other houses;

    (iii)  The provision of allotments ;

    (iv)  The provision of small holdings under the Small Landholders ( Scotland ) Acts, 1886 to 1919 ;

    (v)  The planting of trees ;

    (vi)  The opening or working of any coal, ironstone, limestone, brick earth, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connection therewith :

    (vii)  The making of a watercourse or reservoir ;

    (viii)  The making of any road, railway, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith;


and the notice states that it is given with a view to any such use —.

    (a)  it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding; and

    (b)  the provisions of this Act respecting compensation shall apply as if the part to which the notice relates were a separate holding; and

    (c)  the tenant shall be entitled to a reduction of rent proportionate to the part to which the notice relates, and in respect of any depreciation of the value to him of the residue of the holding caused by the severance, or by the use to be made of the part severed, and the amount of that reduction shall be settled as in case of com­pensation under this Act:

Provided that the tenant may, at any time within twenty-eight days after service of the notice to quit, serve on the landlord a notice in writing to the effect that he accepts it as a notice to quit the entire holding, to take effect at the expiration of the then current year of tenancy; and the notice to quit shall have effect accordingly.


Resumption of part of holding by landlord.

        31. Where the landlord of a holding gives notice, in pursuance of a provision in that behalf contained in the lease, of his intention to resume possession of some part of the holding, the provisions of paragraphs (6) and (<?) of the immediately preceding section of this Act (but not including the proviso thereto) shall apply as if the notice were such a notice to quit as is mentioned in that section:

Provided that, in assessing the compensation payable to the tenant and the reduction of rent, the arbiter shall take into consideration any benefit or relief allowed to the tenant under the lease in respect of any land resumed in pursuance of such provision.


Power of entry by landlord.

        32. The landlord of a holding or any person autho­rised by him may at all reasonable times enter on the holding for the purpose of viewing the state of the holding.

Extension of meaning of "holding".

        33.(1)  Where the land comprised in a lease is not a holding within the meaning of this Act by reason only of the fact that the land so comprised includes land (hereinafter referred to as "the non-statutory land") which, owing to the nature of the buildings thereon or the use to which it is put, would not, if it had been separately let, be a holding within the meaning of this Act, the provisions of this Act relating to compensation for improvements and disturbance shall, unless otherwise agreed in writing, apply to the part of the land exclusive of the non-statutory land as if that part were a separate holding.

    (2)  This section shall not apply in relation to a lease entered into before the first day of January, nineteen hundred and twenty-one.


Penal rents and liquidated damages.

        34.  Notwithstanding any provision in a lease making the tenant of a holding liable to pay a higher rent or other liquidated damages in the event of any breach or non-fulfilment of any of the terms or con­ditions in the lease, a landlord shall not be entitled to recover any sum in consequence of any such breach or non-fulfilment in excess of the damage actually suffered by him in consequence of the breach or non-fulfilment:

Provided that this section shall not apply to any of the terms or conditions in a lease prohibiting the breaking of permanent pasture, the grubbing of underwoods, or the felling, cutting, lopping, or injuring of trees, or regulating the burning of heather.


Freedom of cropping and disposal of produce.

        35.(1)  Notwithstanding any custom of the country, or the provisions of any lease or agreement respecting the method of cropping of arable lands, or the disposal of crops, a tenant of a holding shall have full right to practise any system of cropping of the arable land on the holding, and to dispose of the produce of the holding, without incurring any penalty, forfeiture, or liability :

Provided that he shall previously have made, or, as soon as may be, shall make, suitable and adequate provision to protect the holding from injury or deterioration which provision shall, in the case of disposal of the produce of the holding, consist in the return to the holding of the full equivalent manurial value to the holding of all crops sold off or removed from the holding in contravention of the custom, lease, or agreement.

This subsection shall not apply

    (a)   in the case of a tenancy from year to year, as respects the year before the tenant quits the holding or any period after he has given or received notice to quit which results in his quitting the holding ; or

    (b)  in any other case, as respects the year before the expiration of the lease.

    (2)  If the tenant exercises his rights under this section in such a manner as to injure or deteriorate the holding, or to be likely to injure or deteriorate the holding, the landlord shall, without prejudice to any other remedy which may be open to him, be entitled to recover damages in respect of such injury or deterioration at any time, and, should the case so require, to obtain an interdict restraining the exercise of the rights under this section in that manner.

    (3)  A tenant shall not be entitled to any compensa­tion in respect of improvements comprised in Part III. of the First Schedule to this Act which have been made for the purpose of making such provision to protect the holding from injury or deterioration as is required by this section

    (4)  In this section the expression "arable land" shall not include land in grass which by the terms of any lease is to be retained in the same condition throughout the tenancy.


Prohibition of removal of manure, &c., after notice to terminate the tenancy.

        36.  Subject to subsection (2) below, where the tenant of an agricultural 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 be entitled to compensation from his landlord for the damage if it exceeds in amount the sum of 12 pence per hectare of the area over which it extends.

Extent to which compensation recoverable under agreements.

        37.  If the landlord or tenant of a holding at any time during the tenancy so requires, a record of the condition of the buildings, fences, gates, roads, drains, ditches and cultivation of the holding, and, if so required hy the tenant, a record of any existing improvements executed by the tenant or for which the tenant with the consent in writing of his landlord has paid compensation to an outgoing tenant, and of any fixtures or buildings which under section twenty-nine of this Act the tenant is entitled to remove, shall he made hy a person to he appointed in default of agreement hy the Board, and in default of agreement the cost of making any such record shall he home hy the landlord and tenant in equal shares.
 
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