Change 1 Article Choose an article Title and introductory text 1 Meaning of “agricultural holding” and “agricultural land”. 2 Leases for less than year to year. 3 Leases to be continued by tacit relocation. 4 Written leases and the revision of certain leases. 5 Fixed equipment and insurance premiums. 6 Sums recovered under fire insurance policy. 7 Freedom of cropping and disposal of produce. 8 Record of condition, etc., of holding. 9 Arbitration as to permanent pasture. 10 Power of landlord to enter on holding. 10A Assignation of tenancy 11 Bequest of lease. 12 Transfer of lease on intestacy 12A Landlord's objection to legatee or acquirer on intestacy: near relative 12B Landlord's objection to legatee or acquirer on intestacy: other persons 12C Landlord's objection to legatee or acquirer on intestacy: supplementary provision 13 Rent review 14 Determination by the Land Court under sections 4 and 5 14A Landlord improvement notices 14B Objection by tenant 14C Referral to Land Court 14D Notice of dates of improvement 14E Improvement by landlord without notice etc. 14F Emergency improvements 15 Increase of rent for certain improvements by landlord. 15A Tenant’s right to withhold rent 16 Leases not terminated by variation of terms, etc.. 16A Leases not terminated on grounds of non-residence 17 Prohibition of removal of manure, etc., after notice to quit,etc.. 18 Tenant’s right to remove fixtures and buildings. 19 Payment for implements, etc., sold on quitting holding. 20 Removal of tenant for non-payment of rent. 21 Notice to quit and notice of intention to quit. 22 Restrictions on operation of notices to quit. 23 Consent by Land Court or arbitration on notices to quit. 24 Consents for purposes of section 22. 25 Termination of tenancies acquired by succession. 26 Certificates of bad husbandry. 27 Penalty for breach of condition. 28 Effect on notice to quit of sale of holding. 29 Notice to quit part of holding to be valid in certain cases. 29A Holding to be restored in certain circumstances 30 Tenant’s right to treat notice to quit part as notice to quit entire holding. 31 Reduction of rent where tenant dispossessed of part of holding. 32 Further restrictions on operation of certain notices to quit. 32A Application of Part 32B New entrants to farming and persons progressing in farming 32C Tenant's offer to relinquish tenancy 32D Form and content of notice of intention to relinquish 32E Restrictions on serving notice of intention to relinquish 32F Restriction on notice to quit etc. where notice of intention to relinquish served 32G Appointment of valuer by Tenant Farming Commissioner 32H Objection to valuer appointed by Tenant Farming Commissioner 32I Valuer's expenses 32J Assessment of value of land etc. 32K Valuation: further provision 32L Compensation payable by landlord to tenant 32M Notice of assessment 32N Appeal to Lands Tribunal against valuer's assessment 32O Referral of certain matters by Lands Tribunal to Land Court 32P Withdrawal of notice of intention to relinquish 32Q Landlord's acceptance of notice of intention to relinquish 32R Notice of declinature 32S Withdrawal of notice of acceptance 32T Consequences of landlord paying compensation to tenant 32U Assignation where landlord does not accept notice of intention to relinquish 32V Application of section 10A to assignation under this Part 32W Interpretation of Part 33 Improvements. 33A Agreements as to compensation for improvements 34 Right to compensation for improvements. 34A Amnesty under the Land Reform (Scotland) Act 2016 35 Payment of compensation by incoming tenant. 36 Amount of compensation under this Part. 37 Consents necessary for compensation for some improvements. 38 Notice required of certain improvements. 39 Compensation for Sch. 5, Pt. II, improvements conditional on approval of Land Court in certain cases. 40 Market gardens. 41 Direction by Land Court that holding be treated as market garden. 42 Agreements as to compensation relating to market gardens. 43 Compensation for disturbance. 44 Compensation for continuous adoption of special standard of farming. 45 Compensation to landlord for deterioration etc. of holding. 45A Compensation arising as a result of diversification and cropping of trees 46 Compensation for failure to repair or maintain fixed equipment. 47 Provisions supplementary to ss. 45 and 46. 48 Landlord not to have right to penal rent or liquidated damages. 49 Compensation provisions to apply to parts of holdings in certain cases. 50 Determination of claims for compensation where holding is divided. 51 Compensation not to be payable for things done in compliance with this Act. 52 Compensation for damage by game. 53 Extent to which compensation recoverable under agreements. 54 Additional payments to tenants quitting holdings. 55 Provisions supplementary to s. 54. 56 Additional payments in consequence of compulsory acquisition etc. of agricultural holdings. 57 Provisions supplementary to s. 56. 58 Effect of early resumption clauses on compensation. 59 Interpretation etc. of Part VI. 60 Resolution of disputes by Land Court 61 Agreement to refer matters to arbitration 61A Arbitration: procedure etc. 61B Clauses in leases as to resolution of disputes 62 Claims on termination of tenancy. 63 Panel of arbiters, and remuneration of arbiter. 64 Appointment of arbiter in cases where Secretary of State is a party. 65 Recovery of compensation and other sums due. 66 Power to enable demand to remedy a breach to be modified on arbitration. 67 Prohibition of appeal to sheriff principal. 68 Sheep stock valuation. 69 Submission of questions of law for decision of sheriff. 70 Determination by Land Court of questions as to value of sheep stock. 71 Statement of sales of stock. 72 Interpretation of sections 68 to 71. 73 Power of Secretary of State to vary Schedules 5 and 6. 74 Power of limited owners to give consents, etc.. 75 Power of tenant and landlord to obtain charge on holding. 76 Power of land improvement companies to advance money. 77 Appointment of guardian to landlord or tenant. 78 Validity of consents, etc.. 79 Application to Crown land. 80 Determination of matters where Secretary of State is landlord or tenant. 81 Expenses and receipts. 82 Powers of entry and inspection. 83 Proceedings of the Land Court. 84 Service of notices, etc.. 85 Interpretation. 86 Construction of references in other Acts to holdings as defined by earlier Acts. 87 Savings. 88 Consequential amendments and repeals. 89 Citation, commencement and extent. SCHEDULE 1 Provisions Required in Leases SCHEDULE 1A Rent Review SCHEDULE 3 1923 Act Improvements For Which Compensation May Be Payable SCHEDULE 4 1931 Act Improvements For Which Compensation May Be Payable SCHEDULE 5 New Improvements For Which Compensation May Be Payable SCHEDULE 6 Market Garden Improvements SCHEDULE 7 Arbitrations SCHEDULE 8 Supplementary Provisions with Respect to Payments Under Section 56 SCHEDULE 9 Valuation of Sheep Stock in Scotland in Respect of Old Leases SCHEDULE 10 Valuation of Sheep Stock in Scotland in Respect of Leases Entered into after 1st December 1986 SCHEDULE 11 Consequential Amendments of Enactments SCHEDULE 12 TRANSITIONALS AND SAVINGS SCHEDULE 13 Repeals and Revocations
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As published
48 Landlord not to have right to penal rent or liquidated damages.
Notwithstanding any provision to the contrary in a lease of an agricultural holding, the landlord shall not be entitled to recover any sum, by way of higher rent, liquidated damages or otherwise, in consequence of any breach or non-fulfilment of a term or condition of the lease, which is 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
48 Landlord not to have right to penal rent or liquidated damages.
Notwithstanding any provision to the contrary in a lease of an agricultural holding, the landlord shall not be entitled to recover any sum, by way of higher rent, liquidated damages or otherwise, in consequence of any breach or non-fulfilment of a term or condition of the lease, which is in excess of the damage actually suffered by him in consequence of the breach or non-fulfilment.
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