Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)
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Change 1
8 Increases of rent in respect of certain improvements carried out by landlord.
(1) Where the landlord of an agricultural holding has, whether before or after the commencement of this Act, carried out on the holding an improvement (whether or not one for the carrying out of which compensation is provided under the following provisions of this Act) being either an improvement carried out— (a) at the request of, or in agreement with, the tenant; or (b) in pursuance of an undertaking given by the landlord under subsection (3) or paragraph (b) of subsection (6) of section three of the Agricultural Holdings (Scotland) Act, 1923, or under subsection (3) of section fifty-two of this Act; or (c) in compliance with a direction given by the Secretary of State under powers conferred on him by or under any enactment; or (d) in accordance with a provision in that behalf included in a hill farming land improvement scheme approved under the Hill Farming Act, 1946, being a provision so included at the instance or with the consent of the tenant; or works for the supply of water to the holding executed in pursuance of directions given by the Agricultural Executive Committee under Defence Regulations or of a scheme approved by the Agricultural Executive Committee, then, subject to the provisions of this section, the rent of the holding shall, if the landlord by notice in writing served on the tenant within six months from the completion of the improvement so requires, be increased as from the completion of the improvement or, where the improvement was completed before the first day of November, ninteen hundred and forty-eight, as from that day, by an amount equal to the increase in the rental value of the holding attributable to the carrying out of the improvement: Provided that where any grant has been made to the landlord in respect of the improvement out of moneys provided by Parliament, the increase in rent provided for by the foregoing provisions of this subsection shall be reduced proportionately. (2) No increase of rent shall be made under the foregoing subsection if before the first day of November, nineteen hundred and forty-eight, the landlord and the tenant agreed on any increase in rent or other benefit to the landlord in respect of the improvement, or if before that day any sum became payable under subsection (3) of section three of the Agricultural Holdings (Scotland) Act, 1923, or section nine of the Agriculture (Miscellaneous Provisions) Act, 1943, or section nine of the Hill Farming Act, 1946, in respect of the cost of executing it. (3) Where interest on the cost of works for the supply of water, or rent in respect of such an improvement as is mentioned in paragraph (d) of subsection (1) of this section, became payable under the provisions of section nine of the Agriculture (Miscellaneous Provisions) Act, 1943, or of subsection (3) of section nine of the Hill Farming Act, 1946, as the case may be, before the first day of November, nineteen hundred and forty-eight, or became payable under the said provisions after that day by virtue of an agreement between the landlord and the tenant entered into before that day, it shall continue to be recoverable notwithstanding that the said provisions are by virtue of the Agriculture (Scotland) Act, 1948, no longer in force. (4) Any question arising between the landlord and the tenant of the holding under this section shall be determined by arbitration. (5) In this section the expression “Agricultural Executive Committee” means the Agricultural Executive Committee for any area to whom the Secretary of State has delegated any of his powers under Defence Regulations.
8 Increases of rent in respect of certain improvements carried out by landlord.
(1) Where the landlord of an agricultural holding has, whether before or after the commencement of this Act, carried out on the holding an improvement (whether or not one for the carrying out of which compensation is provided under the following provisions of this Act) being either an improvement carried out— (a) at the request of, or in agreement with, the tenant; or (b) in pursuance of an undertaking given by the landlord under subsection (3) or paragraph (b) of subsection (6) of section three of the Agricultural Holdings (Scotland) Act, 1923, or under subsection (3) of section fifty-two of this Act; or (c) in compliance with a direction given by the Secretary of State under powers conferred on him by or under any enactment; or (d) in accordance with a provision in that behalf included in a hill farming land improvement scheme approved under the Hill Farming Act, 1946, being a provision so included at the instance or with the consent of the tenant; or works for the supply of water to the holding executed in pursuance of directions given by the Agricultural Executive Committee under Defence Regulations or of a scheme approved by the Agricultural Executive Committee, then, subject to the provisions of this section, the rent of the holding shall, if the landlord by notice in writing served on the tenant within six months from the completion of the improvement so requires, be increased as from the completion of the improvement or, where the improvement was completed before the first day of November, ninteen hundred and forty-eight, as from that day, by an amount equal to the increase in the rental value of the holding attributable to the carrying out of the improvement: Provided that where any grant has been made to the landlord in respect of the improvement out of moneys provided by Parliament, the increase in rent provided for by the foregoing provisions of this subsection shall be reduced proportionately. (2) No increase of rent shall be made under the foregoing subsection if before the first day of November, nineteen hundred and forty-eight, the landlord and the tenant agreed on any increase in rent or other benefit to the landlord in respect of the improvement, or if before that day any sum became payable under subsection (3) of section three of the Agricultural Holdings (Scotland) Act, 1923, or section nine of the Agriculture (Miscellaneous Provisions) Act, 1943, or section nine of the Hill Farming Act, 1946, in respect of the cost of executing it. (3) Where interest on the cost of works for the supply of water, or rent in respect of such an improvement as is mentioned in paragraph (d) of subsection (1) of this section, became payable under the provisions of section nine of the Agriculture (Miscellaneous Provisions) Act, 1943, or of subsection (3) of section nine of the Hill Farming Act, 1946, as the case may be, before the first day of November, nineteen hundred and forty-eight, or became payable under the said provisions after that day by virtue of an agreement between the landlord and the tenant entered into before that day, it shall continue to be recoverable notwithstanding that the said provisions are by virtue of the Agriculture (Scotland) Act, 1948, no longer in force. (4) Any question arising between the landlord and the tenant of the holding under this section shall be determined by arbitration. (5) In this section the expression “Agricultural Executive Committee” means the Agricultural Executive Committee for any area to whom the Secretary of State has delegated any of his powers under Defence Regulations.
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