An incoming tenant under his lease agreed to relieve the proprietor of all claims which the outgoing tenant had against the landlord, including his claims under the Agricultural Holdings (Scotland) Act 1908, and by deed of submission the question of the amount of compensation payable for improvements under the Act was referred by the incoming and outgoing tenants to two arbiters and an oversman instead of to a single arbiter, as provided for in section 11 (1) of the Act of 1908. Held (aff. judgment of the Second Division) that as the reference was made neither under the Act of 1908 nor under the outgoing tenant’s lease, but under the special agreement between the tenants, it was not prohibited by section 11 (1) of the Act, and that the form of arbitration was competent.
The Agricultural Holdings (Scotland) Act 1908 enacts-Section 6 (2)-‘A claim . . for compensation under this Act . . shall not be made after the determination of the tenancy. . . ‘
By deed of submission entered into between an incoming and an outgoing tenant, and executed prior to the determination of the tenancy, the question as to what sum should be payable to the outgoing tenant as compensation for improvements under the Agricultural Holdings Act 1908 was referred to arbitration. No statement containing the particulars or amounts of the claim was, however, made until after the expiry of the tenancy. Held ( aff. judgment of the Second Division) that the existence and nature of the claim had been sufficiently certiorated, and that accordingly it had been timeously made.
Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Wrenbury
[1922] UKHL 320, 59 SLR 320
Bailii
Scotland
Landlord and Tenant, Agriculture
Updated: 05 January 2022; Ref: scu.632804