Change 1 Article Choose an article Title and introductory text 1 Meaning of “agricultural holding.” 2 Restriction on letting agricultural land for less than from year to year. 3 Tacit relocation. 4 Provisions for securing written leases and for the revision of certain leases. 5 Respective liabilities of landlord and tenant for provision and maintenance of fixed equipment and for payment of insurance premiums. 6 Provisions supplementary to s. 4 and s. 5. 7 Variation of rent. 8 Increases of rent in respect of certain improvements carried out by landlord. 9 10 Leases to continue in force notwithstanding variation of terms, etc. 11 Certain agreements by incoming tenant to pay compensation due to outgoing tenant to be void. 12 Freedom of cropping and disposal of produce. 13 Prohibition of removal of manure, etc., after notice to terminate the tenancy. 14 Tenant’s right to remove fixtures and buildings. 15 Compensation for damage by game. 16 Restriction of landlord’s right to penal rent or liquidated damages. 17 Making of record of condition, etc., of holding. 18 19 Removal of tenant for non-payment of rent. 20 Bequest of lease. 21 Right of landlord to object to acquirer of lease. 22 Provisions as to payment for implements, etc., sold on quitting holding. 23 Application of sums recovered under fire insurance policy. 24 Provisions as to giving of notices to quit. 25 Restrictions on operation of notices to quit. 26 Provisions as to consents for purposes of preceding section. 26A Termination of tenancies acquired by succession. 27 28 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Penalty for breach of condition accompanying consent to notice to quit. 31 Provisions as to notices to quit where holding agreed to be sold. 32 Notices to quit part of holdings not to be invalid in certain cases. 33 Tenant’s right to treat notice to quit part of holding as notice to quit entire holding. 34 Reduction of rent where tenant dispossessed of part of holding. 35 Right to, and measure of, compensation for disturbance. 36 Application of sections 37 to 46. 37 Right of tenant to compensation for old improvements. 38 Amount of compensation for old improvements. 39 Compensation for certain old improvements conditional on consent of landlord. 40 Compensation for certain old improvements conditional on notice to landlord. 41 Conditions attaching to right to compensation for repairs to buildings. 42 Agreements as to compensation for old improvements specified in Part III of Second or Third Schedule. 43 Compensation in respect of temporary pasture. 44 Reduction in amount of, or exclusion of right to, compensation for old improvements in certain cases. 45 Provision as to change of tenancy. 46 Right to compensation for old improvements of tenant who has paid compensation therefor to outgoing tenant. 47 Application of sections 48 to 55. 48 Tenant’s right to compensation for new improvements. 49 Amount of compensation for new improvements. 50 Compensation for Sch. 1, Pt. I, improvements conditional on consent of landlord. 51 Compensation for Sch. 1, Pt. II, improvements conditional on notice to landlord. 52 Compensation for Sch. 1, Pt. II, improvements conditional on approval of Secretary of State in certain cases. 53 Compensation in respect of temporary pasture. 54 Provision as to change of tenancy. 55 Right to compensation for new improvements of tenant who has paid compensation therefor to outgoing tenant. 56 Compensation for continuous adoption of special standard of farming. 57 Compensation to landlord for deterioration, etc. of particular parts of holding. 58 Compensation to landlord for general deterioration of holding. 59 Provisions supplementary to s. 57 and s. 58. 60 Compensation provisions of this Act to apply to parts of holdings in certain cases. 61 Determination of claims for compensation where holding is divided. 62 Adjustment of compensation in respect of ploughing grants. 63 Compensation not to be payable for things done in compliance with this Act. 64 Extent to which compensation recoverable under agreements. 65 Effect of agreement to let or treat an agricultural holding as a market garden. 66 Power of Secretary of State in default of agreement to treat an agricultural holding as a market garden. 67 Agreements as to compensation relating to market gardens. 68 Settlement of claims by arbitration. 69 Recovery of compensation and other sums due. 70 Power of tenant to obtain charge on holding in respect of compensation. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Proceedings of the Land Court. 74 Matters to be referred to arbitration. 75 Provisions as to arbitrations. 76 Constitution of panel of arbiters, and provisions as to remuneration of arbiter. 77 Appointment of arbiter in cases to which the Secretary of State is a party. 78 Determination of questions by Land Court in lieu of arbitration. 79 Power of Secretary of State to vary First and Fourth Schedules to this Act. 80 Power of limited owners to give consents, etc. 81 Power of heir of entail to apply entailed moneys for improvements. 82 Power of landlord to obtain charge on holding in respect of compensation, etc. paid by him. 83 Power of land improvement companies to advance money. 84 Appointment of guardian to landlord or tenant in certain cases. 85 Validity of consents, etc 86 Application of Act to Crown land. 87 Determination of matters relating to holdings of which the Secretary of State is landlord or tenant. 88 Expenses and receipts. 89 Provisions as to entry and inspection. 90 Service of notices, etc. 91 Prohibition of appeal from sheriff substitute. 92 Revocation and variation of orders. 93 Interpretation. 94 Amendments of other Acts. 95 Construction of references in other Acts to holdings as defined by the Agricultural Holdings (Scotland) Act, 1923. 96 Improvements carried out before 1909. 97 Repeal of enactments. 98 Provisions as to tenants quitting before commencement of this Act, or thereafter in consequence of notice given, etc. before 1st November, 1948. 99 General savings. 100 Savings for other rights, etc. 101 Short title and extent. FIRST SCHEDULE Improvements begun on or after 1st November, 1948, for which compensation may be payable SECOND SCHEDULE Improvements begun before 31st July, 1931, for which compensation may be payable THIRD SCHEDULE Improvements begun on or after 31st July, 1931, and before 1st November, 1948, for which compensation may be payable FOURTH SCHEDULE Market garden improvements for which compensation may be payable FIFTH SCHEDULE Matters for which provision is to be made in written leases SIXTH SCHEDULE Provisions as to Arbitrations SEVENTH SCHEDULE Amendments of other Acts EIGHTH SCHEDULE Enactments Repealed NINTH SCHEDULE
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16 Restriction of landlord’s right to penal rent or liquidated damages.
Notwithstanding any provision in a lease of an agricultural holding making the tenant thereof liable to pay a higher rent or other liquidated damages in the event of a breach or non-fulfilment of any of the terms or conditions in the lease, the landlord shall not be entitled to recover any sum in consequence of any breach or non-fulfilment in excess of the damage actually suffered by him in consequence of the breach or non-fulfilment.
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Your change, as a redline
16 Restriction of landlord’s right to penal rent or liquidated damages.
Notwithstanding any provision in a lease of an agricultural holding making the tenant thereof liable to pay a higher rent or other liquidated damages in the event of a breach or non-fulfilment of any of the terms or conditions in the lease, the landlord shall not be entitled to recover any sum in consequence of any breach or non-fulfilment in excess of the damage actually suffered by him in consequence of the breach or non-fulfilment.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.