Section 45 Right to compensation for improvementsI1C1
Scotland
Subject to sections 48 and 49, a tenant of a short limited duration tenancy F1, a limited duration tenancy or a modern limited duration tenancy is entitled, on quitting the land on termination of the tenancy, to compensation from the landlord in respect of any improvement to which this subsection applies carried out by the tenant.
Subsection (1) applies to the improvements specified in Schedule 5 to the 1991 Act (that Schedule applying for the purposes of that subsection as it does for the purposes of that Act).
Where an improvement is the improvement specified in paragraph 32 (laying down of temporary pasture) of that Schedule, the tenant is entitled to compensation under subsection (1) even if—
that improvement; or
the leaving of temporary pasture at the termination of the tenancy,
was in contravention of a term of the lease or any agreement made by the tenant as to the method of cropping the arable lands.
Where a tenant has remained in occupation of the land during two or more tenancies, the tenant is not deprived of any right to compensation under subsection (1) by reason only that the improvements were not carried out during the tenancy on the termination of which the tenant quits the land.
Nothing in any order made under section 73 of the 1991 Act which varies the provisions of schedule 5 to that Act affects the right of a tenant of a short limited duration tenancy, a limited duration tenancy or a modern limited duration tenancy to claim, in respect of an improvement made or begun before the date on which such order comes into force, any compensation to which, but for the making of the order, the tenant would have been entitled.
Annotations
Textual amendments
- F1
Words in s. 45(1) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(16)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch.
- F2
S. 45(5) inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(16)(b) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 14)
Modifications
- C1
S. 45 restricted (13.6.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 115(1), 130(1) (with s. 128); S.S.I. 2017/20, reg. 2, sch.
Commencement
- I1
S. 45 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(d) (with sch.)
Notes on New types of tenancy
Textual amendments
- F1
S. 45 cross-heading substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(15) (with s. 128); S.S.I. 2017/299, reg. 2, sch.