57Provision as to parts of land and divided landS
(1)Where any land comprised in a lease constituting a short limited duration tenancy [F1, a limited duration tenancy or a modern limited duration tenancy] is not agricultural land only because of the reason mentioned in subsection (2), the provisions of this Part as to compensation apply as if the remainder of the land were the land comprised in the lease.
(2)The reason is that, due to the nature of the building on the land or the use to which the land is put, the land would not, if separately let when the tenancy commenced, have been capable of being the subject of the tenancy.
(3)Where the interest of the landlord in a short limited duration tenancy [F2, a limited duration tenancy or a modern limited duration tenancy] has become vested in several parts in more than one person and the rent payable by the tenant under the lease has not been apportioned with the tenant’s consent or under any enactment, the tenant is entitled to require that any compensation payable to the tenant under this Part be determined as if the land had not been divided.
(4)For the purposes of subsection (3), the Land Court, where necessary, is to apportion the amount payable between the persons who together constitute the landlord, and any additional expenses of the determination caused by the apportionment are to be directed by the Land Court to be paid by those persons in such proportions as it determines.
Textual Amendments
F1Words in s. 57(1) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(24)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch.
F2Words in s. 57(3) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(24)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch.
Commencement Information
I1S. 57 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(d) (with Sch.)