Section 15 Increase of rent for certain improvements by landlord.

Scotland

(1)

Where the landlord of an agricultural holding has, whether before or after the commencement of this Act, carried out on the holding an improvement (whether or not one for the carrying out of which compensation is provided for under Part IV of this Act)—

(a)

at the request of, or in agreement with, the tenant,

(b)

in pursuance of an undertaking given by the landlord under section 39(3) of this Act, F1...

(c)

in compliance with a direction given by the Secretary of State under powers conferred on him by or under any enactment, F2, or

(d)

after giving a landlord improvement notice in accordance with section 14A and—

(i)

the tenant has not given notice of objection in accordance with section 14B, or

(ii)

the tenant has given such notice of objection but the Land Court has approved the improvement under section 14C,

subject to subsections (2) and (3) below, the rent of the holding shall, if the landlord by notice in writing served on the tenant within 6 months from the completion of the improvement so requires, be increased as from the completion of the improvement by an amount equal to the increase in the rental value of the holding attributable to the carrying out of the improvement.

(2)

Where any grant has been made to the landlord out of moneys provided by Parliament, in respect of an improvement to which subsection (1) above applies, the increase in rent provided for by that subsection shall be reduced proportionately.

F3(3)

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Annotations

Textual amendments

F1: Word in s. 15(1) repealed (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 120(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
F2: S. 15(1)(d) and word inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 120(3), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
F3: S. 15(3) repealed (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 17 (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

Notes on Rent review

Textual amendments

F1: S. 13 and cross-heading substituted (23.12.2016 for the purpose of making regulations under sch. 1A paras. 2(4), 9(1), 10(6) and otherwise prosp.) by Land Reform (Scotland) Act 2016 (asp 18), ss. 101(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.

Editorial notes

X1: Editorial note: The substitution of s. 13 and its cross-heading and the insertion of sch. 1A by the Land Reform (Scotland) Act 2016 (asp 18), s. 101(2)(3) (version dated 23.12.2016 on the timeline) has been brought into force only for the purpose of making regulations under paras. 2(4), 9(1) and 10(6) of sch. 1A. For s. 13 and its cross-heading as it otherwise remains in force, see the version dated 22.3.2011.