Agricultural Holdings (Scotland) Act 1991

36Amount of compensation under this Part

(1)Subject to subsections (2) to (4) below, the amount of any compensation payable to a tenant under this Part of this Act shall be such sum as fairly represents the value of the improvement to an incoming tenant.

(2)In the ascertainment of the amount of compensation payable in respect of an old improvement, there shall be taken into account any benefit which the landlord has given or allowed to the tenant (under the lease or otherwise) in consideration of the tenant carrying out the improvement.

(3)In the ascertainment of the amount of compensation payable under this section for a new improvement, there shall be taken into account—

(a)any benefit which the landlord has agreed in writing to give the tenant in consideration of the tenant carrying out the improvement; and

(b)any grant out of moneys provided by Parliament which has been or will be made to the tenant in respect of the improvement.

(4)In ascertaining the amount of any compensation payable under section 34(6) of this Act, the arbiter shall take into account any injury to or deterioration of the holding due to the contravention of the lease or agreement referred to in that subsection, except in so far as the landlord has recovered damages in respect of such injury or deterioration.