Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)
Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991) (1949 c. 75)
- Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991) (1949 c. 75)
- Meaning of “agricultural holding”
- 1 Meaning of “agricultural holding.”
- Provisions as to leases
- 2 Restriction on letting agricultural land for less than from year to year.
- 3 Tacit relocation.
- 4 Provisions for securing written leases and for the revision of certain leases.
- 5 Respective liabilities of landlord and tenant for provision and maintenance of fixed equipment and for payment of insurance premiums.
- 6 Provisions supplementary to s. 4 and s. 5.
- 7 Variation of rent.
- 8 Increases of rent in respect of certain improvements carried out by landlord.
- 10 Leases to continue in force notwithstanding variation of terms, etc.
- Miscellaneous provisions affecting the relationship of landlord and tenant
- 11 Certain agreements by incoming tenant to pay compensation due to outgoing tenant to be void.
- 12 Freedom of cropping and disposal of produce.
- 13 Prohibition of removal of manure, etc., after notice to terminate the tenancy.
- 14 Tenant’s right to remove fixtures and buildings.
- 15 Compensation for damage by game.
- 16 Restriction of landlord’s right to penal rent or liquidated damages.
- 17 Making of record of condition, etc., of holding.
- 19 Removal of tenant for non-payment of rent.
- 20 Bequest of lease.
- 21 Right of landlord to object to acquirer of lease.
- 22 Provisions as to payment for implements, etc., sold on quitting holding.
- 23 Application of sums recovered under fire insurance policy.
- Provisions as to notices to quit
- 24 Provisions as to giving of notices to quit.
- 25 Restrictions on operation of notices to quit.
- 26 Provisions as to consents for purposes of preceding section.
- 26A Termination of tenancies acquired by succession.
- 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 30 Penalty for breach of condition accompanying consent to notice to quit.
- 31 Provisions as to notices to quit where holding agreed to be sold.
- 32 Notices to quit part of holdings not to be invalid in certain cases.
- 33 Tenant’s right to treat notice to quit part of holding as notice to quit entire holding.
- 34 Reduction of rent where tenant dispossessed of part of holding.
- Compensation to tenant for disturbance
- 35 Right to, and measure of, compensation for disturbance.
- Compensation to tenant, on termination of tenancy, for improvements begun before 1st November, 1948
- 36 Application of sections 37 to 46.
- 37 Right of tenant to compensation for old improvements.
- 38 Amount of compensation for old improvements.
- 39 Compensation for certain old improvements conditional on consent of landlord.
- 40 Compensation for certain old improvements conditional on notice to landlord.
- 41 Conditions attaching to right to compensation for repairs to buildings.
- 42 Agreements as to compensation for old improvements specified in Part III of Second or Third Schedule.
- 43 Compensation in respect of temporary pasture.
- 44 Reduction in amount of, or exclusion of right to, compensation for old improvements in certain cases.
- 45 Provision as to change of tenancy.
- 46 Right to compensation for old improvements of tenant who has paid compensation therefor to outgoing tenant.
- Compensation to tenant, on termination of tenancy, for improvements begun on or after Ist November, 1948
- 47 Application of sections 48 to 55.
- 48 Tenant’s right to compensation for new improvements.
- 49 Amount of compensation for new improvements.
- 50 Compensation for Sch. 1, Pt. I, improvements conditional on consent of landlord.
- 51 Compensation for Sch. 1, Pt.II, improvements conditional on notice to landlord.
- 52 Compensation for Sch. 1, Pt.II, improvements conditional on approval of Secretary of State in certain cases.
- 53 Compensation in respect of temporary pasture.
- 54 Provision as to change of tenancy.
- 55 Right to compensation for new improvements of tenant who has paid compensation therefor to outgoing tenant.
- Compensation to tenant, on termination of tenancy, for continuous adoption of special standard
- 56 Compensation for continuous adoption of special standard of farming.
- Compensation to landlord, on termination of tenancy, for deterioration of holding
- 57 Compensation to landlord for deterioration, etc. of particular parts of holding.
- 58 Compensation to landlord for general deterioration of holding.
- 59 Provisions supplementary to s. 57 and s. 58.
- Supplementary provisions with respect to compensation
- 60 Compensation provisions of this Act to apply to parts of holdings in certain cases.
- 61 Determination of claims for compensation where holding is divided.
- 62 Adjustment of compensation in respect of ploughing grants.
- 63 Compensation not to be payable for things done in compliance with this Act.
- 64 Extent to which compensation recoverable under agreements.
- Special provisions affecting market gardens as regards compensation and fixtures
- 65 Effect of agreement to let or treat an agricultural holding as a market garden.
- 66 Power of Secretary of State in default of agreement to treat an agricultural holding as a market garden.
- 67 Agreements as to compensation relating to market gardens.
- Settlement of claims between landlord and tenant on termination of tenancy
- 68 Settlement of claims by arbitration.
- Recovery of sums due under this Act
- 69 Recovery of compensation and other sums due.
- 70 Power of tenant to obtain charge on holding in respect of compensation.
- Supplementary provisions
- 71, 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 73 Proceedings of the Land Court.
- 74 Matters to be referred to arbitration.
- 75 Provisions as to arbitrations.
- 76 Constitution of panel of arbiters, and provisions as to remuneration of arbiter.
- 77 Appointment of arbiter in cases to which the Secretary of State is a party.
- 78 Determination of questions by Land Court in lieu of arbitration.
- 79 Power of Secretary of State to vary First and Fourth Schedules to this Act.
- 80 Power of limited owners to give consents, etc.
- 81 Power of heir of entail to apply entailed moneys for improvements.
- 82 Power of landlord to obtain charge on holding in respect of compensation, etc. paid by him.
- 83 Power of land improvement companies to advance money.
- 84 Appointment of guardian to landlord or tenant in certain cases.
- 85 Validity of consents, etc
- Provisions as to Crown Land
- 86 Application of Act to Crown land.
- 87 Determination of matters relating to holdings of which the Secretary of State is landlord or tenant.
- General
- 88 Expenses and receipts.
- 89 Provisions as to entry and inspection.
- 90 Service of notices, etc.
- 91 Prohibition of appeal from sheriff substitute.
- 92 Revocation and variation of orders.
- 93 Interpretation.
- 94 Amendments of other Acts.
- 95 Construction of references in other Acts to holdings as defined by the Agricultural Holdings (Scotland) Act, 1923.
- 96 Improvements carried out before 1909.
- 97 Repeal of enactments.
- 98 Provisions as to tenants quitting before commencement of this Act, or thereafter in consequence of notice given, etc. before 1st November, 1948.
- 99 General savings.
- 100 Savings for other rights, etc.
- 101 Short title and extent.
- SCHEDULES
- FIRST SCHEDULE Improvements begun on or after 1st November, 1948, for which compensation may be payable
- Part I Improvements to which consent of landlord is required
- PART II Improvements in respect of which notice to landlord is required
- Part III Improvements in respect of which consent of, or notice to, landlord is not required
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SECOND SCHEDULE Improvements begun before 31st July, 1931, for which compensation may be payable
- Part I Improvements for which compensation is payable if consent of landlord was obtained to their execution
- Part II Improvement for which compensation is payable if notice was given to landlord before execution thereof
- Part III Improvements for which compensation is payable without consent of, or notice to, landlord of their execution
- THIRD SCHEDULE Improvements begun on or after 31st July, 1931, and before 1st November, 1948, for which compensation may be payable
- Part I Improvements for which compensation is payable if consent of landlord was obtained to their execution
- Part II Improvements for which compensation is payable if notice was given to landlord before execution thereof
- Part III Improvements for which compensation is payable without consent of, or notice to, landlord of their execution
- FOURTH SCHEDULE Market garden improvements for which compensation may be payable
- FIFTH SCHEDULE Matters for which provision is to be made in written leases
- SIXTH SCHEDULE Provisions as to Arbitrations
- Appointment of arbiter
- Particulars of Claim
- Evidence
- Award
- Expenses
- Statement of case
- Removal of arbiter and setting aside of award
- Forms
- SEVENTH SCHEDULE Amendments of other Acts
- The Small Landholders and Agricultural Holdings (Scotland) Act, 1931
- The Hill Farming Act, 1946
- EIGHTH SCHEDULE Enactments Repealed
- Part I Grounds for Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984
- Case 1
- Case 2
- Case 3
- Part II Grounds for Consent to Operation of Notice to Quit a Tenancy Let On or After 1 January 1984
- Case 4
- Case 5
- Case 6
- Case 7
- Part III Supplementary
Feedback