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Paragraph 43 Landlord’s right to compensation: deterioration etc. of holding.I1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The landlord of the small landholding is entitled to compensation from the small landholder where—

(a)

there is dilapidation, deterioration or damage to any part of the holding, or to anything in or on the holding, and

(b)

the dilapidation, deterioration or damage is the result of the landholder, or the landholder’s predecessor under the same tenancy, failing to fulfil that person’s responsibility to cultivate the holding or to use it in accordance with a use or change authorised in accordance with Part 4.

(2)

The amount of compensation payable under sub-paragraph (1) is whichever is the greater of—

(a)

an amount equal to the amount (if any) by which the value of the holding is reduced from what it would have been without the dilapidation, deterioration or damage in question,

(b)

the cost, as at the relevant date, of making good the dilapidation, deterioration or damage in question.

(3)

For the purpose of sub-paragraph (2), the relevant date is—

(a)

where the right to compensation arises due to renunciation or removal, whichever is the later of—

(i)

the date of the landholder’s quitting the holding,

(ii)

the date of termination of the tenancy,

(b)

in any other case, the date of termination of the tenancy.

Annotations

Commencement

I1

Sch. 2 para. 43 not in force at Royal Assent, see s. 47(2)