Agricultural Holdings (Scotland) Act 1949 (c. 75)
1949 c. 75 - continued

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Provision as to changes of tenancy.


        45.  Where the tenant has remained in the holding during two or more tenancies, he shall not be deprived of his right to compensation under this Act for old improvements by reason only that the improvements were not carried out during the tenancy on the termination of which he quits the holding.


Right to compensation for old improvements of tenant who has paid compensation therefor to outgoing tenant.


        46.  Where, on entering into occupation of the holding, the tenant, with the consent in writing of the landlord and in pursuance of an agreement made before the first day of November, nineteen hundred and forty-eight, paid to an outgoing tenant any compensation payable under or in pursuance of this Act or the Agricultural Holdings (Scotland) Acts, 1923 to 1948, in respect of the whole or part of an old improvement, or, with the like "consent and in pursuance of an agreement in writing made after that day, paid to an outgoing tenant any compensation payable as aforesaid in respect of the whole or part of an old improvement of the kind specified in Part III of the First Schedule to this Act, he shall be entitled, on quitting the holding, to claim compensation for the improvement or part in like manner, if at all, as the outgoing tenant would have been entitled if the outgoing tenant had remained tenant of the holding and quitted it at the time at which the tenant quits it.

 
Compensation to tenant on termination of tenancy, for improvements begun on or after 1st November, 1948

Application of sections 48 to 55.


        47.—(1)  The provisions of the eight next following sections shall have effect with respect to the rights of the tenant of an agricultural holding with respect to compensation for improvements specified in the First Schedule to this Act carried out on the holding, being improvements begun on or after the first day of November, nineteen hundred and forty-eight; and the said provisions shall have effect whether the tenant entered into occupation of the holding before or on or after the said first day. of November.

    (2)  An improvement falling within the foregoing subsection is in this Act referred to as "a new improvement".


Tenant's right to compensation for new improvements.


        48.—(1)  The tenant shall, subject to the provisions of this Act, be entitled at the termination of the tenancy, on quitting the holding, to obtain from the landlord compensation for a new improvement carried out by the tenant:

Provided that where the lease was entered into before the first day of January, nineteen hundred and twenty-one, the tenant shall not be entitled to compensation under this section for an improvement which he was required to carry out by the terms of his tenancy.

    (2)  Nothing in this section shall prejudice the right of a tenant to claim any compensation to which he may be entitled under an agreement in writing in lieu of any compensation provided by this section.


Amount of compensation for new improvements.


        49.—(1)  The amount of any compensation under this Act for a new improvement shall be 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 under this Act for a new improvement there shall be taken into account—

     (a)  any benefit which under an agreement in writing the landlord has given or allowed to the tenant in consideration of the tenant carrying out the improvement; and
     (b)  any grant out of moneys provided by Parliament which has been or will be made to the tenant in respect of the improvement.

Compensation for Sch. I, Pt. I, improvements conditional on consent of landlord.


        50.—(1)  Compensation under this Act shall not be payable for a new improvement specified in Part I of the First Schedule to this Act unless, before the carrying out thereof, the landlord has consented in writing (whether unconditionally or upon terms as to compensation or otherwise agreed on between him and the tenant) to the carrying out thereof.

    (2)  Where the consent is given upon terms as to compensation agreed on as aforesaid, the compensation payable under the agreement shall be substituted for compensation under this Act.


Compensation for Sch. I, Pt. II, improvements conditional on notice to landlord.


        51.—(1)  Compensation under this Act shall not be payable for a new improvement specified in Part II of the First Schedule to this Act unless the tenant has, not less than three months before he began to carry out the improvement, given to the landlord notice in writing of his intention to carry out the improvement and of the manner in which he proposes to carry it out.

    (2)  On such notice being given, the landlord and the tenant may enter into an agreement in writing with respect to the terms as to compensation or otherwise on which the improvement is to be carried out, and if any such agreement is entered into, the compensation payable under the agreement shall be substituted for compensation under this Act.

    (3)  The landlord and the tenant may, by the lease or otherwise, enter into an agreement in writing to dispense with any notice under subsection (1) of this section; and an agreement so entered into may provide for anything for which an agreement entered into under the last foregoing subsection may provide, and in such case shall be of the like validity and effect as such last-mentioned agreement.


Compensation for Sch. I, Pt. II, improvements conditional on approval of Secretary of State in certain cases.


        52.—(1)  Subject to the provisions of this section, compensation under this Act shall not be payable in respect of a new improvement specified in Part II of the First Schedule to this Act if, within one month after receiving notice under subsection (1) of the last foregoing section from the tenant of his intention to carry out the improvement, the landlord gives notice in writing to the tenant that he objects to the carrying out of the improvement or to the manner in which the tenant proposes to carry it out.

    (2)  Where notice of objection has been given as aforesaid, the tenant may, after giving notice in writing to the landlord of his intention so to do, apply to the Secretary of State for approval of the carrying out of the improvement, and on any such application the Secretary of State may, after affording to the tenant and to the landlord an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, approve the carrying out of the improvement either unconditionally or upon such terms, whether as to reduction of the compensation which would be payable if the Secretary of State approved unconditionally or as to other matters, as appear to the Secretary of State to be just or may withhold his approval; and in either case forthwith after coming to a decision on the application the Secretary of State shall give notice in writing of his decision to the landlord and to the tenant.

    (3)  If, on an application under the last foregoing subsection, the Secretary of State grants his approval, the landlord may, within one month after receiving notice of the decision of the Secretary of State, serve notice in writing on the tenant undertaking to carry out the improvement himself.

    (4)  Where the Secretary of State grants his approval, then if either—

     (a)  no notice is served by the landlord under the last foregoing subsection, or
     (b)  such a notice is served but, on an application made by the tenant in that behalf, the Secretary of State, after affording to the tenant and to the landlord an opportunity of making representations to the Secretary of State, whether in writing or on being heard by a person appointed by the Secretary of State, determines that the landlord has failed to carry out the improvement within a reasonable time,

the tenant may carry out the improvement and shall be entitled to compensation under this Act in respect thereof as if notice of objection had not been given by the landlord, and any terms subject to which the approval was given shall have effect as if they were contained in an agreement in writing between the landlord and the tenant.


Compensation in respect of temporary pasture.


        53.  The tenant shall be entitled to compensation under this Act in respect of the new improvement specified in paragraph 33 of the First Schedule to this Act, being the laying down of temporary pasture in accordance, with that paragraph, notwithstanding that the laying down or the leaving at the termination of the tenancy of such pasture is in contravention of the terms of the lease or of any agreement made by the tenant respecting the method of cropping the arable lands; but in ascertaining the amount of the compensation the arbiter shall take into account any injury to, or deterioration of, the holding due to the contravention except in so far as the landlord has recovered damages in respect of such injury or deterioration.


Provisions as to change of tenancy.


        54.  Where the tenant has remained in the holding during two or more tenancies, he shall not be deprived of his right to compensation under this Act for new improvements by reason only that the improvements were not carried out during the tenancy on the termination of which he quits the holding.

 
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