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Agricultural Holdings (Amendment) (Scotland) Act 1983

Consolidated Text As Enacted Cited authorities 16 Cited in Amendments 18 Related
Vincent
JurisdictionUK Non-devolved
Citation1983 c. 46
  • In this Part of this Act, “
    • after the word “shall” there shall be inserted the word “normally”; andfor the words “the next following subsection” there shall be substituted the words “subsection (2) below,”;(b) after the said subsection (1) there shall be inserted the following subsection—
    • “(1A) Where the evidence available to the arbiter is in his opinion insufficient to enable him to determine the rent properly payable or he is of the view that the open market for rents for comparable subjects in the surrounding area is distorted by scarcity of lets or by other factors, the rent properly payable for the purposes of subsection (1) of this section shall be the rent which he would expect to be paid, in a market which was not affected by such distortion, having particular regard to the following—
    • (i) information about open market rents of comparable subjects outside the surrounding area ;
    • (ii) the entire range of offers made as regards any lease of subjects which are comparable after regard is had to the terms of that lease ;
    • (iii) sitting tenants’ rents fixed by agreement for subjects in the surrounding area which are comparable after regard is had to any element attributable to goodwill between landlord and tenant or to similar considerations ; and
    • (iv) the current economic conditions in the relevant sector of agriculture.
    information about open market rents of comparable subjects outside the surrounding area ;the entire range of offers made as regards any lease of subjects which are comparable after regard is had to the terms of that lease ;sitting tenants’ rents fixed by agreement for subjects in the surrounding area which are comparable after regard is had to any element attributable to goodwill between landlord and tenant or to similar considerations ; andthe current economic conditions in the relevant sector of agriculture.(c) in subsection (2) for the words “the last foregoing subsection” in each place that they occur there shall be substituted the words “subsection (1) of this section”; and(d) in subsection (3) for the word “five”there shall be substituted the word “three”;
  • In section 25 of the 1949 Act (restrictions on operation of notices to quit) . after subsection (2) (g) there shall be inserted the following paragraph and subsection—
    • (h) subject to section 26A of this Act and to subsection (2A) below, at the date of the giving of the notice to quit the tenant was a person who after 1st August 1958 had acquired right to the lease of the holding—
    • (i) under section 16 of the Succession (Scotland) Act 1964 ; or
    • (ii) as a legatee under section 20 of this Act.
    • under section 16 of the Succession (Scotland) Act 1964 ; oras a legatee under section 20 of this Act.it complies with section 24 of this Act; andwhere, when the tenant acquired right to the lease, the unexpired period of the lease exceeded two years, the term of outgo stipulated in the lease ;where, when the tenant acquired right to the lease, the unexpired period was two years or less, the term of outgo stipulated in the lease or the corresponding date in any subsequent year, being a date not less than one nor more than three years after the said acquisition.in subsection (1) at the beginning, there shall be inserted the words “Except where section 26A(3) of this Act applies”; andin subsection (5) after the word “may” there shall be inserted the words “, subject to section 26A(4) of this Act,”.(2) After section 26 of the 1949 Act there shall be inserted the following section—
      (26A) Termination of tenancies acquired by succession.
    • “(1) This section and subsection (1) of section 25 of this Act shall apply where notice to quit is duly given to the tenant of an agricultural holding who is a near relative of the deceased tenant and has acquired right to the lease of the holding—
    • (a) under section 16 of the Succession (Scotland) Act 1964 ; or
    • (b) as a legatee, under section 20 of this Act.
    under section 16 of the Succession (Scotland) Act 1964 ; oras a legatee, under section 20 of this Act.it complies with section 24 of this Act;it specifies the Case set out in the Ninth Schedule to this Act under which it is given; andwhere, when the tenant acquired right to the lease, the unexpired period of the lease exceeded two years, the term of outgo stipulated in the lease ;where, when the tenant acquired right to the lease, the unexpired period was two years or less, the term of outgo stipulated in the lease or the corresponding date in any subsequent year, being a date not less than one nor more than three years after the said acquisition.where the holding was let before 1st January 1984, if they are satisfied that the circumstances are as specified in any Case in Part I of the said Ninth Schedule,where the holding was let on or after that date and the notice specifies any of Cases 4, 5 or 7 in the said Schedule, unless the tenant satisfies them that the circumstances are not as specified in that Case(provided that, for the purposes of Case 7, the tenant shall not be required to prove that he is not the owner of any land) ;where the holding was let on or after the said date, if they are satisfied that the circumstances are as specified in Case 6 in that Schedule;Where consent is given because the circumstances are as specified in Case 2 or 6 of the Schedule, the Land Court shall impose such conditions as appear to them necessary to secure that holding to which the notice relates will, within two years after the termination of the tenancy, be amalgamated with the land specified in the notice; and section 30 of this Act shall, with any necessary modifications, apply to a condition imposed tinder this subsection as that section applies to a condition imposed under section 26 of this Act.Part Ill of the said Schedule shall have effect for the purposes of interpretation of this section and that Schedule.(3) After the Eighth Schedule to the 1949 Act there shall be inserted the Schedule set out in Schedule 1 to this Act which shall form the Ninth Schedule to that Act.(1) In section 75 of the 1949 Act (provision as to arbitrations) after subsection (1) there shall be inserted the following subsection—
    • “(1A) An appeal by way of application by any party to an arbitration under section 7(1) of this Act (variation of rent) shall on any question of law or fact (including the amount of the award) lie to the Land Court against the award of any arbiter appointed by the Secretary of State or the Land Court:Provided that any such appeal under this subsection must be brought within two months of the date of issue of the award.
    .    An appeal by way of application by any party to an arbitration under section 7(1) of this Act (variation of rent) shall on any question of law or fact (including the amount of the award) lie to the Land Court against the award of any arbiter appointed by the Secretary of State or the Land Court:Provided that any such appeal under this subsection must be brought within two months of the date of issue of the award.in paragraph 8, for the word “two” there shall be substituted the word

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