Land Reform (Scotland) Act 2025

Landlord’s right to compensation

42 (1) Paragraphs 43 and 44 apply where—

(a) a small landholder is removed from a small landholding,

(b) a small landholder renounces the tenancy of a small landholding (see paragraph 28),

(c) a small landholder enters into a new tenancy, to which this schedule does not apply, of the land comprising the landholder’s small landholding,

(d) a small landholder abandons the tenancy of a small landholding, or

(e) in the case of a tenancy of a small landholding which forms part of the estate of a deceased small landholder, one of the conditions mentioned in sub-paragraph (2) is met.

(2) The conditions referred to in sub-paragraph (1)(e) are that—

(a) the tenancy is terminated by virtue of subsection (3) of section 16 of the Succession (Scotland) Act 1964,

(b) following transfer to an acquirer under that section, the tenancy is terminated by the Land Court under paragraph 33(5), or

(c) following such transfer, the tenancy is the subject of a counter-notice under paragraph 34(2) declaring it to be terminated, and either—

(i) no appeal is made to the Land Court within the period permitted for doing so, or any appeal made is withdrawn, or

(ii) the Land Court confirms the counter notice under paragraph 34(5).

(3) Where paragraphs 43 and 44 apply by reason of sub-paragraph (1)(e)—

(a) any compensation that arises under those paragraphs is due by—

(i) where the condition in sub-paragraph (2)(a) is met, the estate of the deceased landholder,

(ii) where the condition in sub-paragraph (2)(b) or (c) is met, the acquirer to whom the tenancy was transferred, and

(b) Chapter 3 applies to the executor or (as the case may be) the acquirer in respect of that compensation as if the person were a small landholder.

(4) For the purposes of sub-paragraph (1)(a) and (b), a landholder is not to be treated as having been removed from a small landholding or as having renounced a tenancy of it if the landholder continues in occupation of it under a new tenancy to which this schedule applies.

(5) Where a landholder abandons a tenancy of a small landholding, the tenancy is to be treated for the purposes of this Part as having been terminated.