(1)This section applies where, by virtue of section 4 of this Act, the liability for the maintenance or repair of an item of fixed equipment is transferred from the tenant to the landlord.
(2)Where this section applies, the landlord may within the period of one month beginning with the date on which the transfer takes effect require that there shall be determined by [F1the Land Court], and paid by the tenant, the amount of any compensation which would have been payable under section 45(1)(b) of this Act in respect of any previous failure by the tenant to discharge the said liability, if the tenant had quitted the holding on the termination of his tenancy at the date on which the transfer takes effect.
(3)Where this section applies, any claim by the tenant in respect of any previous failure by the landlord to discharge the said liability shall, if the tenant within the period of one month referred to in subsection (2) above so requires, be determined by [F2the Land Court], and any amount directed by the [F3determination] to be paid by the landlord shall be paid by him to the tenant.
(4)For the purposes of section 45(3)(b) of this Act any compensation under this section shall be disregarded.
Textual Amendments
F1Word in s. 46(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 29(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F2Words in s. 46(3) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 29(b)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F3Words in s. 46(3) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 29(b)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)