Section 14 Tenant’s right to remove fixtures and buildings.C1
Scotland
Subject to the provisions of this section—
any engine, machinery, fencing or other fixture affixed to an agricultural holding by the tenant thereof; and
any building (other than one in respect of which the tenant is entitled to compensation under this Act or otherwise) erected by him on the holding;
not being a fixture affixed or, as the case may be, a building erected, in pursuance of some obligation in that behalf or instead of some fixture or building belonging to the landlord, as the case may be, shall be removable by the tenant at any time during the continuance of the tenancy or before the expiration of six months, or such longer period as may be agreed, from the termination of the tenancy and shall remain his property so long as he may remove it by virtue of this subsection.
The right conferred by the foregoing subsection shall not be exercisable in relation to a fixture or building unless the tenant
has paid all rent owing by him and has performed or satisfied all his other obligations to the landlord in respect of the holding; and
has, at least one month before both the exercise of the right and the termination of the tenancy, given to the landlord notice in writing of his intention to remove the fixture or building.
If, before the expiration of the notice aforesaid, the landlord gives to the tenant a counter-notice in writing electing to purchase a fixture or building comprised in the notice, subsection (1) of this section shall cease to apply to that fixture or building, but the landlord shall be liable to pay to the tenant the fair value thereof to an incoming tenant of the holding.
In the removal of a fixture or building by virtue of subsection (1) of this section, the tenant shall not do to any other building or other part of the holding any avoidable damage, and immediately after the removal shall make good all damage so done that is occasioned by the removal.
Annotations
Modifications
- C1
S. 14 applied with modifications by Opencast Coal Act 1958 (c. 69), s. 37, Sch. 7 paras. 5, 25
Notes on the whole Act
Textual amendments
- F1
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
- F2
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)