Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
7 Variation of rent.
(1) Subject to the provisions of this section the landlord or the tenant of an agricultural holding may, whether the tenancy was created before or after the commencement of this Act, by notice in writing served on his tenant or his landlord demand a reference to arbitration of the question what rent should be payable in respect of the holding as from the next ensuing day on which the tenancy could have been terminated by notice to quit given at the date of demanding the reference, and the matter shall be referred accordingly. For the purposes of this subsection the rent properly payable in respect of a holding shall normally be the rent at which, having regard to the terms of the tenancy (other than those relating to rent), the holding might reasonably be expected to be let in the open market by a willing landlord to a willing tenant, there being disregarded (in addition to the matters referred to in subsection (2) below,) any effect on rent of the fact that the tenant who is a party to the arbitration is in occupation of the holding. (1A) Where the evidence available to the arbiter is in his opinion insufficient to enable him to determine the rent properly payable or he is of the view that the open market for rents for comparable subjects in the surrounding area is distorted by scarcity of lets or by other factors, the rent properly payable for the purposes of subsection (1) of this section shall be the rent which he would expect to be paid, in a market which was not affected by such distortion, having particular regard to the following— (i) information about open market rents of comparable subjects outside the surrounding area; (ii) the entire range of offers made as regards any lease of subjects which are comparable after regard is had to the terms of that lease; (iii) sitting tenants’ rents fixed by agreement for subjects in the surrounding area which are comparable after regard is had to any element attributable to goodwill between landlord and tenant or to similar considerations; and (iv) the current economic conditions in the relevant sector of agriculture. (2) On any reference under subsection (1) of this section the arbiter— (a) shall not take into account any increase in the rental value of the holding which is due to improvements which have been executed thereon in so far as they were executed wholly or partly at the expense of the tenant (whether or not that expense has been or will be reimbursed by a grant out of moneys provided by Parliament) without any equivalent allowance or benefit made or given by the landlord in consideration of their execution, and have not been executed under an obligation imposed on the tenant by the terms of his lease, or to improvements which have been executed thereon by the landlord in so far as the landlord has received or will receive grants out of moneys provided by Parliament in respect of the execution thereof, or fix the rent at a higher amount than would have been properly payable if these improvements had not been so executed; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) shall not fix the rent at a lower amount by reason of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the tenant. Subject as aforesaid, the arbiter shall determine what rent should properly be payable in respect of the holding as from the day mentioned in subsection (1) of this section. (3) A reference to arbitration under subsection (1) of this section shall not be demanded in such circumstances that any increase or reduction of rent made in consequence thereof would take effect as from a date earlier than the expiration of three years from the latest in time of the following dates, that is to say— (a) the commencement of the tenancy, or (b) the date as from which there took effect a previous increase or reduction of rent (whether made under this section or otherwise), or (c) the date as from which there took effect a previous direction under this section that the rent should continue unchanged: Provided that there shall be disregarded for the purposes of this subsection— (i) an increase or reduction of rent under subsection (3) of the last foregoing section; (ii) an increase of rent under subsection (1) of the next following section or such an increase as is referred to in subsection (2) of that section; (iii) a reduction of rent under section thirty-four of this Act . . . (4) The continuous adoption by the tenant of a standard of farming or a system of farming more beneficial to the holding than the standard or system required by the lease or, in so far as no system of farming is so required, than the system of farming normally practised on comparable holdings in the district, shall be deemed, for the purposes of subsection (2) of this section, to be an improvement executed at his expense.
7 Variation of rent.
(1) Subject to the provisions of this section the landlord or the tenant of an agricultural holding may, whether the tenancy was created before or after the commencement of this Act, by notice in writing served on his tenant or his landlord demand a reference to arbitration of the question what rent should be payable in respect of the holding as from the next ensuing day on which the tenancy could have been terminated by notice to quit given at the date of demanding the reference, and the matter shall be referred accordingly. For the purposes of this subsection the rent properly payable in respect of a holding shall normally be the rent at which, having regard to the terms of the tenancy (other than those relating to rent), the holding might reasonably be expected to be let in the open market by a willing landlord to a willing tenant, there being disregarded (in addition to the matters referred to in subsection (2) below,) any effect on rent of the fact that the tenant who is a party to the arbitration is in occupation of the holding. (1A) Where the evidence available to the arbiter is in his opinion insufficient to enable him to determine the rent properly payable or he is of the view that the open market for rents for comparable subjects in the surrounding area is distorted by scarcity of lets or by other factors, the rent properly payable for the purposes of subsection (1) of this section shall be the rent which he would expect to be paid, in a market which was not affected by such distortion, having particular regard to the following— (i) information about open market rents of comparable subjects outside the surrounding area; (ii) the entire range of offers made as regards any lease of subjects which are comparable after regard is had to the terms of that lease; (iii) sitting tenants’ rents fixed by agreement for subjects in the surrounding area which are comparable after regard is had to any element attributable to goodwill between landlord and tenant or to similar considerations; and (iv) the current economic conditions in the relevant sector of agriculture. (2) On any reference under subsection (1) of this section the arbiter— (a) shall not take into account any increase in the rental value of the holding which is due to improvements which have been executed thereon in so far as they were executed wholly or partly at the expense of the tenant (whether or not that expense has been or will be reimbursed by a grant out of moneys provided by Parliament) without any equivalent allowance or benefit made or given by the landlord in consideration of their execution, and have not been executed under an obligation imposed on the tenant by the terms of his lease, or to improvements which have been executed thereon by the landlord in so far as the landlord has received or will receive grants out of moneys provided by Parliament in respect of the execution thereof, or fix the rent at a higher amount than would have been properly payable if these improvements had not been so executed; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) shall not fix the rent at a lower amount by reason of any dilapidation or deterioration of, or damage to, fixed equipment or land caused or permitted by the tenant. Subject as aforesaid, the arbiter shall determine what rent should properly be payable in respect of the holding as from the day mentioned in subsection (1) of this section. (3) A reference to arbitration under subsection (1) of this section shall not be demanded in such circumstances that any increase or reduction of rent made in consequence thereof would take effect as from a date earlier than the expiration of three years from the latest in time of the following dates, that is to say— (a) the commencement of the tenancy, or (b) the date as from which there took effect a previous increase or reduction of rent (whether made under this section or otherwise), or (c) the date as from which there took effect a previous direction under this section that the rent should continue unchanged: Provided that there shall be disregarded for the purposes of this subsection— (i) an increase or reduction of rent under subsection (3) of the last foregoing section; (ii) an increase of rent under subsection (1) of the next following section or such an increase as is referred to in subsection (2) of that section; (iii) a reduction of rent under section thirty-four of this Act . . . (4) The continuous adoption by the tenant of a standard of farming or a system of farming more beneficial to the holding than the standard or system required by the lease or, in so far as no system of farming is so required, than the system of farming normally practised on comparable holdings in the district, shall be deemed, for the purposes of subsection (2) of this section, to be an improvement executed at his expense.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
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.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.