Settled Land Act 1925

88 Obligation on tenant for life and successors to maintain, insure, &c. E+W

(1) The tenant for life, and each of his successors in title having under the trust instrument a limited estate or interest only in the settled land, shall, during such period, if any, as the [F1 Secretary of State] by certificate in any case prescribes, maintain and repair, at his own expense, every improvement executed under the foregoing provisions of this Act or the enactments replaced thereby, and where a building or work in its nature insurable against damage by fire is comprised in the improvement, shall at his own expense insure and keep insured the improvement in such amount, if any, as the [F1 Secretary of State] by certificate in any case prescribes.

(2) The tenant for life, or any of his successors as aforesaid, shall not cut down or knowingly permit to be cut down, except in proper thinning, any trees planted as an improvement under the foregoing provisions of this Act, or under the enactments replaced by those provisions.

(3) The tenant for life, and each of his successors as aforesaid, shall from time to time, if required by the [F2 Secretary of State] on or without the application of any person having under the trust instrument any estate or interest in the settled land in possession, remainder, or otherwise, report to the [F2 Secretary of State] the state of every improvement executed under this Act, and the fact and particulars of fire insurance, if any.

(4) The [F3 Secretary of State] may vary any certificate made by him under this section in such manner or to such extent as circumstances appear to him to require, but not so as to increase the liabilities of the tenant for life, or any of his successors as aforesaid.

(5) If the tenant for life, or any of his successors as aforesaid, fails in any respect to comply with the requisitions of this section, or does any act in contravention thereof, any person having, under the trust instrument, any estate or interest in the settled land in possession, remainder, or reversion, shall have a right of action, in respect of that default or act, against the tenant for life; and the estate of the tenant for life, after his death, shall be liable to make good to the persons entitled under the trust instrument any damages occasioned by that default or act.

(6) Where in connexion with any improvement an improvement rentcharge, as hereinbefore defined, has been created, and that rentcharge has been redeemed out of capital money, this section shall apply to the improvement as if it had been an improvement executed under this Act.

Textual Amendments

F1 Words in s. 88(1) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 3(2) (with arts. 5(3), 6)

F2 Words in s. 88(3) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 3(3) (with arts. 5(3), 6)

F3 Words in s. 88(4) substituted (27.3.2002) by S.I. 2002/794, art. 5(1), Sch. 1 para. 3(4) (with arts. 5(3), 6)

Modifications etc. (not altering text)

C1 S. 88 extended by Agricultural Credits Act 1932 (c. 35), s. 3(3)