Editorial Information
X1Editorial note: The substitution of s. 13 and its cross-heading and the insertion of sch. 1A by the Land Reform (Scotland) Act 2016 (asp 18), s. 101(2)(3) (version dated 23.12.2016 on the timeline) has been brought into force only for the purpose of making regulations under paras. 2(4), 9(1) and 10(6) of sch. 1A. For s. 13 and its cross-heading as it otherwise remains in force, see the version dated 22.3.2011.
Textual Amendments
F1S. 13 and cross-heading substituted (23.12.2016 for the purpose of making regulations under sch. 1A paras. 2(4), 9(1), 10(6) and otherwise prosp.) by Land Reform (Scotland) Act 2016 (asp 18), ss. 101(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.
(1)This section applies where an improvement is to be carried out by the landlord—
(a)at the request of or in agreement with the tenant,
(b)in pursuance of an undertaking given by the landlord under section 39(3),
(c)in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment, or
(d)after the landlord has given a landlord improvement notice in accordance with section 14A and—
(i)the tenant has not given notice of objection in accordance with section 14B, or
(ii)the tenant has given such notice of objection but the Land Court has approved the improvement under section 14C(2)(a).
(2)The landlord must give notice in writing to the tenant stating the period during which the landlord intends to carry out the improvement.
(3)Unless the landlord and tenant agree otherwise, that period must not commence earlier than the expiry of 2 weeks beginning with the day on which the landlord gives notice under subsection (2).
(4)Where the landlord has not begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for postponing the carrying out of the improvement, the landlord may give a new notice under subsection (2).
(5)Subsection (6) applies where the landlord has begun to carry out an improvement, notice of which has been given under subsection (2), and there is a good reason for extending the period during which the improvement is to be carried out.
(6)The landlord may, at any time before the expiry of the period stated in the notice under subsection (2), extend the period by giving notice in writing to the tenant stating the extended period during which the landlord intends to carry out the improvement.
(7)See section 14F on emergency improvements.]
Textual Amendments
F2Ss. 14A-14F inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 119(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with reg. 9)