Section 10C Referral to Land CourtF1

Scotland

(1)

Where the tenant has given notice of objection under section 10B the landlord may, before the end of the period of 2 months beginning with the day on which the landlord received the notice of objection, apply to the Land Court for approval of the relevant improvement.

(2)

The Land Court may—

(a)

approve the carrying out of the relevant improvement—

(i)

unconditionally, or

(ii)

upon such terms as appear to it to be appropriate, or

(b)

withhold its approval.

(3)

Before approving a relevant improvement, the Land Court must be satisfied that the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry.

Annotations

Textual amendments

F1: Ss. 10A-10F inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 119(4), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 10, 11)

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.