Land Reform (Scotland) Act 2016 Explanatory Notes

Land Reform (Scotland) Act 2016

2016 asp 18

Commentary on Sections

Part 10 – Agricultural Holdings

Chapter 8 – Compensation for Tenant’s Improvements

Amnesty for tenant’s improvements

Section 114 – Amnesty notice

706. Section 114 sets out the requirements for the amnesty notice.

707. Subsections (2) and (3) provide that the amnesty notice must be given to the landlord within the amnesty period as set out in section 112(3), be in writing, be dated, and contain the following information: the names of the tenant and the landlord; the name and address of the holding; details of the relevant improvement; and the tenant’s reasons as to why it is fair and equitable for compensation to be payable for the improvement at waygo.

708. Subsection (4) applies section 84(4) of the 1991 Act which ensures the validity of notices given by tenants where the landlord has changed but the tenant has not been notified of this change.

709. For the purposes of this Chapter, subsection (5) defines “holding” in the case of an SLDT, LDT or MLDT as meaning the land comprised in the lease.