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The Allotments (Compensation) (Scotland) Regulations 2017

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Deterioration notice

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6.—(1) The deterioration notice must be—

(a)in writing; and

(b)signed by the authority.

(2) The deterioration notice must include or be accompanied by the following information and evidence:—

(a)the tenant’s full name;

(b)the tenant’s address;

(c)the allotment site and the location of the allotment which is the subject of the lease within the site;

(d)the date of the inspection mentioned in regulation 5(a);

(e)the date of expiry or termination of the lease;

(f)the reasons it appears to the authority that—

(i)the allotment has deteriorated during the tenant’s lease; and

(ii)the deterioration was caused by the fault or negligence of the tenant;

(g)a description of the deterioration of the allotment which it appears to the authority has taken place during the tenant’s lease;

(h)the cost of remedying the deterioration;

(i)photographs, receipts, quotations or other evidence as to the matters mentioned in sub-paragraphs (f), (g) and (h);

(j)a statement of the amount of compensation which the tenant is liable to pay under section 134(2) of the Act, based on the matters mentioned in paragraph (3); and

(k)particulars of the tenant’s right to make representations under regulation 7.

(3) The matters mentioned in this paragraph are—

(a)the particulars mentioned in paragraph (2)(h) and (i); or

(b)where the lease makes provision about the procedure to be followed in assessing the amount of compensation for which the tenant is liable, that procedure.

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