Agriculture (Scotland) Act 1948 (c. 45)
1948 c. 45 - continued

back to previous page
 

Right to compensation for new improvements of tenant who has paid compensation therefore to the outgoing tenant.


        55.—(1)  Where, on entering into occupation of the holding the tenant, in pursuance of such an agreement as is mentioned in subsection (2) of section eleven of this Act, paid to an outgoing tenant or refunded to his landlord any compensation payable by the landlord under or in pursuance of this Act or the Agricultural Holdings (Scotland) Acts, 1923 to 1948, in respect of the whole or part of a new improvement, he 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 tenant quits it.

    (2)  Where, in a case not falling within the foregoing subsection or section eleven of this Act, the tenant, on entering into occupation of the holding, paid to his landlord any amount in respect of the whole or part of a new improvement, he shall, subject to any agreement in writing between the landlord and the tenant, be entitled on quitting the holding to claim compensation in respect of the improvement or part in like manner, if at all, as he would have been entitled if he had been tenant of the holding at the time when the improvement was carried out and the improvement or part had been carried out by him.

 

Compensation to tenant, on termination of tenancy, for continuous adoption of special standard of farming

Compensation for continuous adoption of special standard of farming.


        56.—(1)  Where the tenant of an agricultural holding proves 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 required by the lease, or, in so far as no system of farming is so required, than the system of farming normally practised on comparable holdings in the district, the tenant shall be entitled, on quitting the holding, to obtain from the landlord such compensation as represents the value to an incoming tenant of the adoption of that standard or system:

Provided that compensation shall not be recoverable under this section unless—

     (i)  the tenant has, not later than one month before the termination of the tenancy, given to the landlord notice in writing of his intention to claim such compensation; and
     (ii)  a record,of the condition of the fixed equipment on, and the cultivation of, the holding has been made under section seventeen of this Act:

and shall not be so recoverable in respect of any matter arising before the date of the record so made or, where more than one such record has been made during the tenancy, before the date of the first such record.

    (2)  In assessing the compensation to be paid under this section due allowance shall be made for any compensation agreed or awarded to be paid to the tenant for any old or new improvement which has caused or contributed to the benefit.

    (3)  Nothing in this section shall entitle a tenant to recover, for an old or a new improvement or an improvement to which the provisions of this Act relating to market gardens apply, any compensation which he would not be entitled to recover apart from this section.


Compensation to landlord, on termination of tenancy, for deterioration of holding

Compensation to landlord for deterioration, etc. of particular parts of holding.


        57.—(1)  The landlord of an agricultural holding shall be entitled to recover from the tenant of the holding, on the tenant's quitting the holding on the termination of the tenancy, compensation in respect of any dilapidation or deterioration of, or damage to, any part of the holding or anything in or on the holding, caused by non-fulfilment by the tenant of his responsibilities to farm in accordance with the rules of good husbandry.

    (2)  The amount of the compensation payable under the foregoing subsection shall be the cost, as at the date of the tenant's quitting the holding, of making good the dilapidation, deterioration or damage.

    (3)  Notwithstanding anything in this Act, the landlord may, in lieu of claiming compensation under subsection (1) of this section, claim compensation in respect of matters specified therein under and in accordance with a lease in writing, so however that—

     (a)  compensation shall be so claimed only on the tenant's quitting the holding on the termination of the. tenancy;
     (b)  compensation shall not be claimed in respect of any one holding both under such a lease and under the said subsection (1);

and for the purposes of paragraph (b) of this subsection any claim under subsection (1) of section six of this Act shall be disregarded.


Compensation to landlord for general deterioration of holding.


        58.  Where, on the quitting of an agricultural holding by a tenant thereof on the termination of the tenancy, the landlord shows that the value of the holding generally has been reduced, whether by reason of any such dilapidation, deterioration or damage as is mentioned in subsection (1) of the last foregoing section or otherwise by non-fulfilment by the tenant of his responsibilities to farm in accordance with the rules, of good husbandry, the landlord shall be entitled to recover from the tenant compensation therefor, in so far as the landlord is not compensated therefor under subsection (1) of that section or in accordance with subsection (3) thereof, of an amount equal to the decrease attributable thereto in the value of the holding.


Provisions supplementary to s. 57 and s. 58.


        59.—(1)  Compensation shall not be recoverable under subsection (1) of section fifty-seven of this Act or under section fifty-eight thereof unless the landlord has, not later than three months before the termination of the tenancy, given notice in writing to the tenant of his intention to claim compensation thereunder.

    (2)  Compensation shall not be recoverable—

     (a) under subsection (1) of section fifty-seven of this Act or under section fifty-eight thereof in any case where the lease was entered into after the thirty-first day of July, nineteen hundred and thirty-one, or
     (b)  under and in accordance with any lease entered into on or after the first day of November, nineteen hundred and forty-eight,

unless during the occupancy of the tenant a record of the condition of the fixed equipment on, and the cultivation of, the holding has been made under section seventeen of this Act, or in respect of any matter arising before the date of the record so made, or, where more than one such record has been made during his occupancy, before the date of the first such record:

Provided that if the landlord and the tenant enter into an agreement in writing in that behalf, a record of the condition of the holding shall, notwithstanding that it was made during the occupancy of a previous tenant, be deemed, for the purposes of this subsection, to have been made during the occupancy of the tenant and on such date as may be specified in the agreement and shall have effect subject to such modifications (if any) as may be so specified.

    (3)  Where the tenant has remained in his holding during two or more tenancies, his landlord shall not be deprived of his right to compensation under section fifty-seven or section fifty-eight of this Act in respect of any dilapidation, deterioration or damage by reason only that the tenancy during which an act or omission occurred which in whole or in part caused the dilapidation, deterioration or damage was a tenancy other than the tenancy at the termination of which the tenant quits the holding.


Supplementary provisions with respect to compensation

Compensation provisions of this Act to apply to parts of holdings in certain cases.


        60.—(1)  Where—

     (a)  the tenancy of part of an agricultural holding terminates by reason of such a notice to quit as is rendered valid by section thirty-two of this Act; or
     (b)  the landlord of an agricultural holding resumes possession of part of the holding in pursuance of a provision in that behalf contained in the lease;

the provisions of this Act with respect to compensation shall apply as if that part of the holding were a separate holding which the tenant had quitted in consequence of a notice to quit: Provided that, in a case falling within paragraph (b) of this section, the arbiter, in assessing the amount of compensations payable to the tenant, shall take into account any benefit or; relief allowed to the tenant under the lease in respect of the land possession of which is resumed by the landlord.

    (2)  Where any land comprised in a lease is not an agricultural holding within the meaning of this Act by reason only that the land so comprised includes land (in this subsection referred to as "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 an agricultural holding within the meaning of this Act, the provisions of this Act with respect to compensation for improvements and for disturbance shall, unless it is otherwise agreed in writing, apply to the part of the land exclusive of the non-statutory land as if that part were a separate agricultural holding.


Determination of claims for compensation where holding is divided.


        61.  Where an agricultural holding has become vested in more than one person in several parts and the rent payable by the tenant of the holding has not been apportioned with his consent or under any statute, the tenant shall be entitled to require that any compensation payable to him under this Act shall be determined as if the holding had not been divided; and the arbiter shall, where necessary, apportion the amount awarded between the persons who for the purposes of this Act together constitute the landlord of the holding, and any additional expenses of the award caused by the apportionment shall be directed by the arbiter to be paid by those persons in such proportions as he shall determine.


Adjustment of compensation in respect of ploughing grants.


        62.  In assessing the amount of compensation payable, whether under this Act or under custom or agreement, to the tenant of an agricultural holding comprising land in respect of which a payment in respect of a ploughing grant under Part IV of the Agricultural Development Act, 1939, has been made to the tenant, or has been or is to be applied for by him, if it is shown to the satisfaction of the person assessing the compensation that the improvement or cultivations in respect of which the compensation is claimed was wholly or in part the result of or incidental to the operations by virtue of which the land became eligible for the grant, the grant shall be taken into account as if it had been a benefit allowed to the tenant in consideration of his carrying out the improvement or cultivations, and the compensation shall be reduced to such extent as that person considers appropriate.


Compensation not to be payable for things done in compliance with this Act.


        63.—(1)  Notwithstanding anything in the foregoing provisions of this Act or any custom or agreement—

     (a)  no compensation shall be payable to the tenant of an agricultural holding in respect of anything done in pursuance of an order under paragraph (ii) of section nine of this Act;
     (b)  in assessing compensation to an outgoing tenant of an agricultural holding where land has been ploughed up in pursuance of a direction under that section, the value per acre of any tenant's pasture comprised in the holding shall be taken not to exceed the average value per acre of the whole of the tenant's pasture comprised in the holding on the termination of the tenancy.

    In this subsection the expression "tenant's pasture" means pasture laid down at the expense of the tenant or paid for by the tenant on entering the holding.

    (2) The tenant of an agricultural holding shall not be entitled to any compensation for an old improvement specified in Part III of the Second Schedule to this Act or in Part III of the Third Schedule thereto or a new improvement specified in Part III of the First Schedule thereto, being an improvement carried out for the purposes of the proviso to subsection (1) of section thirty-five of the Agricultural Holdings (Scotland) Act, 1923, or of the proviso to subsection (1) of section twelve of this Act.

 
  continueprevious sectioncontents
  Powhillon home | OPSI home

Crown copyright 1949