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Paragraph 45 Recovery of compensation: further provisionI1

Scotland Not yet in force

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

(1)

Compensation is recoverable by a landlord under paragraph 43 or 44 only where—

(a)

at least 3 months prior to the termination of the tenancy, the landlord gives notice in writing to the small landholder of the landlord’s intention to claim compensation,

(b)

the landholder abandons the small landholding, or

(c)

the Land Court agrees that the requirement for notice should be dispensed with in all the circumstances of the case.

(2)

Where a small landholder has remained in occupation of a small landholding during more than one tenancy, neither the landholder nor the landlord is deprived of a right to compensation under this Chapter by reason only that the thing which would give rise to the right to compensation occurred during a previous tenancy of the landholder’s.

Annotations

Commencement

I1

Sch. 2 para. 45 not in force at Royal Assent, see s. 47(2)