The Secure Tenants (Compensation for Improvements) (Scotland) Regulations 1994

Amount of compensation

5.—(1) Subject to paragraphs (2) and (3), the amount of compensation payable for qualifying improvement work shall be—

where—

C

=

the cost of the improvement work from which shall be deducted the amount of any grant made—

(i)

by any of the new town development corporations under the New Towns (Scotland) Act 1968(1);

(ii)

under Part XIII of the Act; and

(iii)

under the Home Energy Efficiency Grants Regulations 1992(2)

(iv)

in respect of the improvement work;

N

=

the notional life of the improvement effected by the work; and

Y

=

the number of years starting on the date on which the improvement was completed and ending on the date on which the tenancy ends and for the purposes of this paragraph part of a year shall be counted as a year.

(2) Where—

(a) the cost of the improvement work was excessive;

(b) the improvement effected by the work has deteriorated at a rate greater than that provided for in the notional life for that improvement;

(c) the improvement effected by the work is of a higher quality than it would have been had the landlord effected it; or

(d) the improvement effected by the work has deteriorated at a rate lower than that provided for in the notional life for that improvement,

the landlord may in the case of sub paragraphs (a), (b) and (c) above deduct from and in the case of sub paragraph (d) above add to, the amount of compensation calculated in accordance with paragraph (1) such sum as is reasonable in order to take into account that sub-paragraph (a), (b), (c) or (d) applies notwithstanding in the case of sub-paragraph (d) that otherwise the amount of compensation calculated in accordance with paragraph (1) would be nil.

(3) Compensation shall not be payable to the extent that the amount of compensation would exceed £3,000 per improvement.

(1)

1968 c. 16.

(2)

S.I. 1992/483, amended by S.I. 1993/2799.