Agriculture Holdings (Amendment) (Scotland) Act 1983 (Repealed 25.9.1991)
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Change 1
2 Variation of rent.
In section 7 of the 1949 Act (variation of rent)— (a) in the second sentence of subsection (1)— (i) after the word “shall” there shall be inserted the word “normally”; and (ii) for the words “the next following subsection” there shall be substituted the words “subsection (2) below,”; (b) after the said subsection (1) there shall be inserted the following subsection— (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. ; (c) in subsection (2) for the words “the last foregoing subsection” in each place that they occur there shall be substituted the words “subsection (1) of this section”; and (d) in subsection (3) for the word “five”there shall be substituted the word “three”; Provided that the foregoing provision shall have no effect where the latest date in terms of that subsection is earlier than the commencement of this Act.
2 Variation of rent.
In section 7 of the 1949 Act (variation of rent)— (a) in the second sentence of subsection (1)— (i) after the word “shall” there shall be inserted the word “normally”; and (ii) for the words “the next following subsection” there shall be substituted the words “subsection (2) below,”; (b) after the said subsection (1) there shall be inserted the following subsection— (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. ; (c) in subsection (2) for the words “the last foregoing subsection” in each place that they occur there shall be substituted the words “subsection (1) of this section”; and (d) in subsection (3) for the word “five”there shall be substituted the word “three”; Provided that the foregoing provision shall have no effect where the latest date in terms of that subsection is earlier than the commencement of this Act.
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