Commentary on Sections Compensation for disturbance
440.Where an allotment lease is terminated, in whole or part, on the grounds of termination mentioned in subsection (1)(a), section 133 provides tenants with a right to be compensated by the local authority for damage caused by the disturbance of the enjoyment of the allotment (subsections (1) and (2)). The grounds of termination mentioned under subsection (1)(a) are:- (i) notice under section 126(2)(b)(ii); (ii) as a result of notice of termination of the lease of the allotment site on which the allotment is situated under section 126(2)(b)(ii); (iii) as a result of notice of resumption of the allotment, or the allotment site on which it is situated, under section 127(2); or (iv) as a result of a notice mentioned in section 128(1)(c).
441.Subsection (3) provides that the minimum amount of compensation is one year’s rent or a proportion of that where the termination of the lease relates to part of an allotment. Subsections (4) and (5) require the Scottish Ministers to make further provision in regulations about the process involved in determining liability for, and the amount of, compensation. Before these regulations are made, the Scottish Ministers must consult local authorities and any other person with an interest. There is a right of appeal to the sheriff against a local authority’s decision in respect of compensation for disturbance (subsection (7)).