Small Holdings and Allotments Act 1908

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Commencement Orders bringing legislation that affects this Act into force:

2006 No. 2 Instrument made by Archbishops commences (2006 No. 1)

47 Compensation for improvements. E+W

(1)Where a council has let a small holding or allotment to any tenant [F1otherwise than under a farm business tenancy], the tenant shall as against the council have the same rights with respect to compensation for the improvements mentioned in Part I. of the Second Schedule to this Act as he would have had if the holding had been a holding to which [F2subsections (2) to (5) of section 79 of the Agricultural Holdings Act 1986], applied:

Provided that the tenant shall not be entitled to compensation in respect of any such improvement if executed contrary to an express prohibition in writing by the council affecting either the whole or any part of the holding or allotment; . . . F3

(2)Where land has been hired by a council for small holdings or allotments [F4otherwise than under a farm business tenancy], the council shall (subject [F5F6to any provision to the contrary in the agreement or order for hiring]) be entitled at the determination of the tenancy on quitting the land to compensation under the [F7Agricultural Holdings Act 1986],for any improvement mentioned in Part I. of the Second Schedule to this Act, and for any improvement mentioned in Part II. of that Schedule which was necessary or proper to adapt the land for small holdings or allotments, as if the land were a holding to which [F7subsections (2) to (5) of section 79 of the Agricultural Holdings Act 1986], applied, and the improvements mentioned in Part II. of the said Schedule were improvements mentioned in [F7Schedule 8 to the Agricultural Holdings Act 1986]:

Provided that, in the case of land hired compulsorily, the amount of the compensation payable to the council for those improvements shall be such sum as fairly represents the increase (if any) in the value to the landlord and his successors in title of the holding due to those improvements.

(3)The tenant of an allotment to which Part II. of this Act applies may, if [F8he is not a tenant under a farm business tenancy and]he so elects, claim compensation for improvements under [F9section 3 of the Allotments Act 1922], instead of under the [F10Agricultural Holdings Act 1986], as amended by this section, notwithstanding that the allotment exceeds two acres in extent.

(4)A tenant of any small holding or allotment [F11who is not a tenant under a farm business tenancy]may, before the expiration of his tenancy, remove any fruit and other trees and bushes planted or acquired by him for which he has no claim for compensation, and may remove any toolhouse, shed, greenhouse, fowl-house, or pigsty built or acquired by him for which he has no claim for compensation.

[F12(5)In this section, “farm business tenancy” has the same meaning as in the Agricultural Tenancies Act 1995.]

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Amendments (Textual)

F1Words in s. 47(1) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 1(2) (with s. 37).

F2Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 1(1)(2)

F3Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1), ss. 1(5), 194, Sch. 5 para. 1(c), Sch. 34 Pt. V

F4Words in s. 47(2) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 1(3) (with s. 37).

F5Words repealed by Land Settlement(Facilities) Act 1919 (c. 59), Sch.3

F6Words inserted by Land Settlement(Facilities) Act 1919 (c. 59), Sch.2

F7Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 1(3)

F8Words in s. 47(3) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 1(4) (with s. 37).

F9Words in s. 47(3) substituted (5.11.1993) by 1993 c. 50, s. 1(2), Sch. 2 Pt. II para. 19

F10Words substituted by Agricultural Holdings Act 1986 (c. 5, SIF 2:3), ss. 99, 100, Sch. 13 para. 3, Sch. 14 para. 1(4)

F11Words in s. 47(4) inserted (1.9.1995) by 1995 c. 8, ss. 40, 41(2), Sch. para. 1(5) (with s. 37).