Agricultural Holdings (Scotland) Act 1991

31 Reduction of rent where tenant dispossessed of part of holding. S

(1) Where—

(a) the tenancy of part of an agricultural holding terminates by reason of a notice to quit which is rendered valid by section 29 of this Act; or

(b) the landlord of an agricultural holding resumes possession of part of the holding in pursuance of a provision in that behalf contained in the lease,

the tenant shall be entitled to a reduction of rent of an amount, to be determined by [F1 the Land Court], proportionate to that part of the holding, together with an amount in respect of any depreciation of the value to him of the residue of the holding caused by the severance or by the use to be made of the part severed.

(2) Where subsection (1)(b) above applies, the [F2 Land Court], in determining the amount of the reduction, shall take into account any benefit or relief allowed to the tenant under the lease in respect of the part whose possession is being resumed.

Textual Amendments

F1 Word in s. 31(1) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 22(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)

F2 Words in s. 31(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 22(b) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)