Community Empowerment (Scotland) Act 2015 Explanatory Notes

Compensation for deterioration of allotment

442.Under section 134, where a lease of an allotment has ended and the allotment has deteriorated during the tenant’s tenancy due to the tenant’s fault or negligence, the sum required to remedy the deterioration is due in compensation from the tenant to the landlord (subsections (1), (2) and (3)). Subsections (4) and (5) require the Scottish Ministers to make further provision in regulations about the process involved in determining liability for, and the amount of, compensation. Before these regulations are made the Scottish Ministers must consult local authorities and any other person with an interest (subsection (6)). A tenant has a right of appeal to the sheriff against a decision of a local authority in respect of compensation for deterioration (subsection (7)).

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