Section 59 Extent to which compensation recoverable under agreementsI1C1
Scotland
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—
is entitled to such compensation notwithstanding the terms of any agreement between them; and
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.
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).
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.)