(1)The tenant under—
(a)a 1991 Act tenancy; F1...
(b)a limited duration tenancy,
[F2(c)a modern limited duration tenancy, or
(d)a repairing tenancy,]
has, for so long as the tenancy continues to have effect, the right to cut timber from any trees planted on the land by the tenant on or after the coming into force of this section; and any such timber belongs to the tenant.
(2)Subsection (1) does not apply in so far as the lease or any agreement in writing between the landlord and tenant makes provision to the contrary, provided that the lease or agreement also includes provision for a reduction in rent or payment of compensation to the tenant in respect of any loss incurred by the tenant as a result of that contrary provision.
Textual Amendments
F1Word in s. 42(1) repealed (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(14)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)
F2S. 42(1)(c)(d) inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(14)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)
Commencement Information
I1S. 42 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(c) (with Sch.)