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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)After section 33 (improvements) of the 1991 Act there is inserted—
Where the tenant has carried out an improvement—
(a)specified in Part II or III of Schedule 5 to this Act; and
(b)by executing work which the landlord was required, at the time the lease was entered into and by virtue of section 5(2)(a) of this Act, to execute in order to fulfil his obligations under the lease,
any term of the lease or of an agreement between the landlord and tenant made before the coming into force of this section which purports to provide that the amount of compensation payable to the tenant for the improvement is less than the amount of compensation to which the tenant is entitled under this Part of this Act for the improvement (or that no compensation is payable) shall not apply in relation to such part or proportion of the improvement as the landlord would have been so required to carry out in order to fulfil those obligations.”.
(2)The following provisions of that Act (which relate to agreements as to compensation for improvements) are repealed—
(a)in section 34, paragraph (b) of subsection (4);
(b)in section 37, subsection (2); and
(c)in section 38, subsection (5).
(3)In section 38 (notice required of certain improvements) of that Act, after subsection (2) there is inserted—
“(2A)Subsection (1) above shall not apply in the case of an improvement mentioned in subsection (1)(c) above if the improvement was carried out by executing work which the landlord was required, at the time the lease was entered into and by virtue of section 5(2)(a) of this Act, to execute in order to fulfil his obligations under the lease.”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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