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Section 59 Extent to which compensation recoverable under agreementsI1C1

Scotland

(1)

Where by virtue of any provision of this Part compensation is payable to a landlord or tenant of a short limited duration tenancy F1, a limited duration tenancy or a modern limited duration tenancy , that person—

(a)

is entitled to such compensation notwithstanding the terms of any agreement between them; and

(b)

is not entitled to such compensation except by virtue of that provision,

but this subsection is subject to any express provision by virtue of this Part to the contrary.

(2)

Where the landlord and tenant agree in writing for such a variation of the terms of the lease as may be made by a direction by virtue of section 15, the agreement may also provide for the exclusion of compensation on the same basis as under section 58(1).

(3)

In a case for which there is no provision for compensation by virtue of this Part, a claim for compensation by a landlord or tenant of a short limited duration tenancy F2, a limited duration tenancy or a modern limited duration tenancy is not enforceable except under an agreement in writing.

Annotations

Textual amendments

F1

Words in s. 59(1) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(25)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch.

F2

Words in s. 59(3) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(25)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch.

Modifications

C1

S. 59 excluded (13.6.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 117(2), 130(1) (with s. 128); S.S.I. 2017/20, reg. 2, sch.

Commencement

I1

S. 59 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(d) (with sch.)