Agriculture (Scotland) Act 1948 (c. 45) | |
1948 c. 45 - continued | |
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Right to compensation for new improvements of tenant who has paid compensation therefore to the outgoing tenant. |
(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 |
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Compensation for continuous adoption of special standard of farming. |
Provided that compensation shall not be recoverable under this section unless—
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 |
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Compensation to landlord for deterioration, etc. of particular parts of holding. |
(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—
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. |
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Provisions supplementary to s. 57 and s. 58. |
(2) Compensation shall not be recoverable—
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 |
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Compensation provisions of this Act to apply to parts of holdings in certain cases. |
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. |
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Adjustment of compensation in respect of ploughing grants. |
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Compensation not to be payable for things done in compliance with this Act. |
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. |
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