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Paragraph 44 Landlord’s right to compensation: decrease in value due to diversificationI1

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)

during the tenancy, the use of any part of the holding, or a change to any part of it, for a purpose other than cultivation has reduced the value of the holding from what it would otherwise have been, and

(b)

that use or change occurred wholly on or after the coming into force of this paragraph.

(2)

Sub-paragraph (1) applies regardless of whether or not the use or change in question was authorised in accordance with Part 4.

(3)

The amount of compensation payable under sub-paragraph (1) is an amount equal to the amount by which the value of the holding is reduced from what it would have been without the use or change in question.

Annotations

Commencement

I1

Sch. 2 para. 44 not in force at Royal Assent, see s. 47(2)