Section 10 Increase in rent: landlord’s improvementsI1
Scotland
Where the landlord has carried out an improvement on the land comprised in a lease constituting a limited duration tenancy F1, a modern limited duration tenancy or a repairing tenancy (whether or not one specified in Schedule 5 to the 1991 Act)—
at the request of, or in agreement with, the tenant;
in pursuance of an undertaking given by the landlord by virtue of section 49(2) (as read with section 39(3) of the 1991 Act); F2...
in compliance with a direction given by the Scottish Ministers under powers conferred on them by or under any enactment, F3or
after giving a landlord improvement notice in accordance with section 10A and—
the tenant has not given notice of objection in accordance with section 10B, or
the tenant has given such notice of objection but the Land Court has approved the improvement under section 10C,
subject to subsections (2) and (3), the rent payable is to be increased as from the completion of the improvement by an amount equal to the increase in the rental value of the land resulting from the carrying out of the improvement.
The landlord must give the tenant notice in writing of any such increase in the rent payable within 6 months of the completion of the improvement.
Where any grant has been made to the landlord in respect of an improvement mentioned in subsection (1), the increase in rent under that subsection must be reduced proportionately.
Annotations
Textual amendments
- F1
Words in s. 10(1) inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(3) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)
- F2
Word in s. 10(1) repealed (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 120(5), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
- F3
S. 10(1)(d) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 120(6), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
Commencement
- I1
S. 10 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(a) (with Sch.)
Notes on New types of tenancy: general provision
Textual amendments
- F1
S. 6 cross-heading substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch.