Land Reform (Scotland) Act 2025

Recovery of compensation: further provision

45 (1) Compensation is recoverable by a landlord under paragraph 43 or 44 only where—

(a) at least 3 months prior to the termination of the tenancy, the landlord gives notice in writing to the small landholder of the landlord’s intention to claim compensation,

(b) the landholder abandons the small landholding, or

(c) the Land Court agrees that the requirement for notice should be dispensed with in all the circumstances of the case.

(2) Where a small landholder has remained in occupation of a small landholding during more than one tenancy, neither the landholder nor the landlord is deprived of a right to compensation under this Chapter by reason only that the thing which would give rise to the right to compensation occurred during a previous tenancy of the landholder’s.