Part 4

Compensation under agricultural tenancies
Chapter 1

Compensation for improvements

Short limited duration tenancies and limited duration tenancies

Amount of compensation
47
1
The amount of compensation payable to a tenant under section 45(1) is such sum as fairly represents the value of the improvement to an incoming tenant.
2
In ascertaining the amount of compensation so payable—
a
account is to be taken of any benefit which the landlord has agreed in writing to give the tenant in consideration of the tenant carrying out the improvement; and
b
where a grant has been or will be made to the tenant in respect of the improvement, subject to the conditions of the grant—
i
if either the landlord or tenant has not made or will not make a contribution towards the cost of the improvement, or neither of them has made or will make such a contribution, the grant is not to be taken into account;
ii
in any other case, there is to be taken into account such proportion of the grant as equals the proportion of any contribution made by the tenant towards the cost of the improvement as a proportion of the total of the tenant’s contribution added to that of the landlord.
3
In ascertaining the amount of any compensation payable by virtue of subsection (3) of section 45, account is to be taken of any injury to or deterioration of the land due to the contravention of the lease or agreement mentioned in that subsection (except insofar as the landlord has recovered damages in respect of the injury or deterioration).
S. 47 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(d) (with sch.)
S. 47 applied (13.6.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 117(3), 130(1) (with s. 128); S.S.I. 2017/20, reg. 2, sch.