Housing (Scotland) Act 1987

PART IV S ADJUSTMENT OF RELATIONS BETWEEN LESSORS AND LESSEES OF AGRICULTURAL HOLDINGS, ETC.

13 (1) [F1 Section 15 of the Agricultural Holdings (Scotland) Act 1991] (increases of rent for improvements carried out by landlord) [F2 or section 10 of the Agricultural Holdings (Scotland) Act 2003 (increase in rent: landlord’s improvements)] shall apply as if references in subsection (1) of [F3 the respective section applying (as the case may be)] to improvements carried out at the request of the tenant included references to improvements carried out in compliance with a notice of a final resolution under Part I of this Schedule: S

Provided that where the tenant has contributed to the cost incurred by the landlord in carrying out the improvement, the increase in rent provided for by [F4 the said section 15] [F5 or (as the case may be) the said section 10] shall be reduced proportionately.

(2) Any works carried out in compliance with a notice of a final resolution under Part I of this Schedule shall be included among the improvements specified in [F6 paragraph 18 of Schedule 5 to the Agricultural Holdings (Scotland) Act 1991] (tenant’s right to compensation for erection, alteration or enlargement of buildings), but subject to the power conferred by [F7 section 73] of that Act to vary [F8 the said Schedule 5]; and [F9 sections 38 and 39] of that Act (which make that right to compensation subject to certain conditions) [F10 or (as the case may be) section 49 (notice required for certain improvements) of the Agricultural Holdings (Scotland) Act 2003] shall not apply to any works carried out in compliance with such a notice:

Provided that where a person other than the tenant claiming compensation has contributed to the cost of carrying out the works in compliance with any such notice, compensation in respect of the works, as assessed under [F11 section 36 of the Agricultural Holdings (Scotland) Act 1991 or section 47 of the Agricultural Holdings (Scotland) Act 2003] , shall be reduced proportionately.

(3) Any works carried out in compliance with a notice of a final resolution under Part I of this Schedule shall—

(a) if carried out on a croft, be permanent improvements on that croft and be deemed to be suitable to the croft for the purposes of section 14(1)(a) of the M1 Crofters (Scotland) Act 1955 (crofter’s right to compensation for improvements);

(b) if carried out on a holding, be permanent improvements on that holding and be deemed to be suitable to the holding for the purposes of section 8(a) of the M2 Crofters Holdings (Scotland) Act 1886 (landholder’s right to compensation for improvements);

(4) In this paragraph, unless the context otherwise requires—

• “dwelling” means a building or part of a building occupied or intended to be occupied as a separate house;

• “tenant”—

(a) has the same meaning as in section 115(1) of the M3 Rent (Scotland) Act 1984 but does not include a tenant holding under a lease granted for a period of more than 21 years at a rent of less than two-thirds of the net annual value for rating purposes of the leased premises, or a heritable creditor in possession; and

(b) includes, in relation to a dwelling, a person employed in agriculture (as defined in section 17 of the M4 Agricultural Wages (Scotland) Act 1949) who occupies or resides in the dwelling as part of the terms of his employment,

and “tenancy” shall be construed accordingly.

References in this paragraph to a tenant occupying a dwelling include, in the case of a tenant within head (b) of this definition, a tenant residing in the dwelling, and “occupation” and “occupied” and related expressions shall be construed accordingly; and in relation to a dwelling occupied by such a tenant “the person having control” of the dwelling means, in this paragraph, the employer or other person by whose authority the tenant occupies the dwelling.

Textual Amendments

F1 Words in Sch. 8 para. 13(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(a)(i)(with s. 45(3))

F2 Words in Sch. 8 para. 13(1) inserted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(c)(i)

F3 Words in Sch. 8 para. 13(1) substituted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(c)(ii)

F4 Words in Sch. 8 para. 13(1) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(a)(ii)(with s. 45(3))

F5 Words in Sch. 8 para. 13(1) inserted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(c)(iii)

F6 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(i)(with s. 45(3))

F7 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(ii)(with s. 45(3))

F8 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(iii)(with s. 45(3))

F9 Words in Sch. 8 para. 13(2) substituted (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(1), 89(2), Sch. 11 para. 56(b)(iv)(with s. 45(3))

F10 Words in Sch. 8 para. 13(2) inserted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(d)(i)

F11 Words in Sch. 8 para. 13(2) substituted (27.11.2003) by Agricultural Holdings (Consequential Amendments) (Scotland) Order 2003 (S.S.I. 2003/583), art. 1, sch. para. 10(d)(ii)

Marginal Citations

M1 1955 c. 21.

M2 1886 c. 29.

M3 1984 c. 58.

M4 1949 c. 30.