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Allotments (Scotland) Act 1950

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3 Compensation to tenant of an allotment garden for disturbance.S

(1)Where a tenancy under which land let, whether before or after the passing of this Act, by a local authority, an association, or any other person for use by the tenant as an allotment garden, or to a local authority or association for the purpose of being sublet for such use, is terminated as to the whole or any part of the land comprised in the tenancy—

(a)by resumption of possession under paragraph (b) or paragraph (c) of subsection (1) of section one of the Allotments (Scotland) Act, 1922; or

(b)where the lessor is himself a tenant, by the termination of his tenancy; or

(c)where the lessor is a local authority or association who have let the land under section ten of the Allotments (Scotland) Act, 1922, by the termination of the right of occupation of the authority;

the tenant shall, notwithstanding any agreement to the contrary, be entitled, on removing from the land or that part thereof, as the case may be, to recover from the lessor compensation for the disturbance of an amount determined in accordance with subsection (2) of this section.

(2)The amount of any compensation recoverable under this section shall be—

(a)where the tenancy terminates as to the whole of the land, an amount equal to one year’s rent of the land at the rate at which rent was payable immediately before the termination of the tenancy;

(b)where the tenancy terminates as to part of the land, an amount bearing to the amount mentioned in the foregoing paragraph the same proportion that the area of that part bears to the area of the whole of the land.

(3)Compensation under this section shall be in addition to any compensation to which the tenant may be entitled under the M1Allotments (Scotland) Act, 1922.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

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