Allotments (Scotland) Act 1950
| Jurisdiction | UK Non-devolved |
| Citation | 1950 c. 38 |
Allotments (Scotland) Act , 1950
(14 Geo. 6) CHAPTER 38
An Act to amend the law relating to allotments in Scotland.
[26th October 1950]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of length of notices to remove from allotment gardens.
(1) Paragraph (a of section one of the Allotments (Scotland) Act, 1922 (which specifies, as the only kind of notice to remove that may be given by a lessor in respect of land let for use by the tenant as an allotment gardens, garden, a six months' or longer notice in writing expiring on or before the first day of May or on or after the first day of November in any year) shall have effect with the substitution, for the reference to six months, of a reference to twelve months.
(2) This section shall not affect the operation of a notice to remove given before the passing of this Act.
2 Removal of restrictions on right of tenant of an allotment garden to compensation for crops and manure.
(1) For subsection (3) of section two of the Allotments (Scotland) Act, 1922 (which restricts the right conferred by that section on the tenant of an allotment garden to recover compensation from the lessor on the termination of the tenancy to a case where the tenancy is terminated by the lessor and is so terminated between the first day of May and the first day of November or by resumption of possession at any time under paragraph (b ) or paragraph (c of section one of that Act) there shall be substituted the following subsection:—
(3) Compensation under this section shall be recoverable only if the tenancy is terminated by the lessor by notice to remove or by resumption of possession under paragraph (b ) or paragraph (c ) of subsection (1) of the immediately preceding section.’
(2) This section shall not have effect in relation to a tenancy terminated by virtue of a notice to remove given before the passing of this Act.
3 Compensation to tenant of an allotment garden for disturbance.
(1) Where a tenancy under which land let, whether before or after the passing of this Act, by a local authority, an association, or any other person for use by the tenant as an allotment garden, or to a local authority or association for the purpose of being sub-let for such use, is terminated as to the whole or any part of the land comprised in the tenancy—
(a ) by resumption of possession under paragraph (b ) or paragraph (c ) of subsection (1) of section one of the Allotments (Scotland) Act, 1922; or
(b ) where the lessor is himself a tenant, by the termination of his tenancy; or
(c ) where the lessor is a local authority or association who have let the land under section ten of the Allotments (Scotland) Act, 1922, by the termination of the right of occupation of the authority;
the tenant shall, notwithstanding any agreement to the contrary, be entitled, on removing from the land or that part thereof, as the case may be, to recover from the lessor compensation for the disturbance of an amount determined in accordance with subsection (2) of this section.
(2) The amount of any compensation recoverable under this section shall be—
(a ) where the tenancy terminates as to the whole of the land, an amount equal to one year's rent of the land at the rate at which rent was payable immediately before the termination of the tenancy;
(b ) where the tenancy terminates as to part of the land, an amount bearing to the amount mentioned in the foregoing paragraph the same proportion that the area of that Part bears to the area of the whole of the land.
(3) Compensation under this section shall be in addition to any compensation to which the tenant may be entitled under the Allotments (Scotland) Act, 1922.
(4) This section shall not have effect in relation to a tenancy which has terminated before the date of the passing of this Act or terminates after that date in consequence of a notice given, or of legal proceedings commenced, before that date.
4 Right of lessor of an allotment garden to compensation for deterioration.
(1) Where the tenant of land let, whether before or after the passing of this Act, for use by the tenant as an allotment garden removes from the land on the termination of the tenancy, the lessor shall, notwithstanding any agreement to the contrary, be entitled to recover from the tenant compensation in respect of any deterioration of the land caused by failure of the tenant to maintain it clean and in a good state of cultivation and fertility.
(2) The amount of any compensation recoverable under this section shall be the cost, as at the date of the tenant's removing from the land, of making good the deterioration.
(3) Where the tenant of land let for use by him as an allotment garden has remained therein during two or more tenancies, his lessor shall not be deprived of his right to compensation under this section in respect of deterioration of the land by reason only that the tenancy during which an act or omission occurred which in whole or in part caused the deterioration was a tenancy other than the tenancy at the termination of which the tenant removes from the land.
(4) This section shall not have effect in relation to a tenancy which has terminated before the date of the passing of this Act or terminates after that date in consequence of a notice given, or of legal proceedings commenced, before that date.
5 Set-off of compensation against rent, etc.
(1) Out of any money payable to a tenant by way of compensation under section two of the Allotments (Scotland) Act, 1922, or section three of this Act, the lessor shall be entitled to...
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