‘The statutes sanction a pactional substitution of compensation in terms of agreement for compensation in terms of the Acts; but not the adjection of a collateral stipulation which might (at least indirectly) operate to deprive the tenant of his right to obtain compensation at all.’
A stipulation, therefore, adjected to a conventional scale of compensation in an agricultural lease, that any claim for compensation must be made a month before the determination of the tenancy, whereas the statutes allow it up to the determination, is void.
Judges:
Lord Chancellor (Loreburn), Lord Kinnear, Lord Atkinson, and Lord Shaw
Citations:
[1911] UKHL 457
Links:
Statutes:
Agricultural Holdings (Scotland) Act 1883
Jurisdiction:
Scotland
Landlord and Tenant
Updated: 25 April 2022; Ref: scu.619189