Gillespie Macandrew LLP

This Practice Note summarises the procedures for resolution of disputes about matters relating to Agricultural Leases in Scotland and provides links to the Scottish Land Court procedures.

This Practice Note gives an overview of the law and practice affecting the agricultural tenants right to buy arising under the Part 2 of the Agricultural Holdings (Scotland) Act 2003 and the changes that will be brought about when the relevant provisions of the Land Reform (Scotland) Act 2016 come into effect. The distinction between the agricultural right to buy and the crofting community right to buy and the rights to buy to which individual croft tenants are entitled, are discussed.

This Practice Note explains the improvements amnesty for certain types of improvements carried out in the past by tenants on let farms in Scotland, but not properly documented at the time. The amnesty allows tenants to apply to have such improvements legally recognised for potential compensation from the landlord at termination of the tenancy. It originally expired on 12 June 2020, after being open for three years from 13 June 2017 but is extended to 12 December 2020. The agricultural tenants’ improvements amnesty ended on the 13 December 2020.

This Practice Note explains the important difference between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies in Scotland. It outlines the landlord and tenant responsibilities and entitlements.

This Practice Note considers agricultural tenants’ rights to diversify or use the let subjects for alternative business uses both under 1991 Act Tenancies and 2003 Act Tenancies, the extent of the right to diversify and some of the consequences of diversification.

This Practice Note describes what fixed equipment is in an agricultural holdings context, the obligations to provide it, record it, maintain it and replace it once beyond repair in tenancies under the Agricultural Holdings (Scotland) Act 1991 (1991 Act Tenancies) and Agricultural Holdings (Scotland) Act 2003 (2003 Act Tenancies) in relation to short limited duration tenancies (SLDTs) and limited duration tenancies (LDTs).

This Practice Note gives guidance on the rent review provisions applying to agricultural tenancies under the Agricultural Holdings (Scotland) Act 1991 (1991 Act tenancies) in Scotland, and the procedures to be adopted in initiating and negotiating a rent review. It does not deal with procedure in the Land Court if the parties fail to agree the new rent.

This Practice Note summarises the circumstances in which a landlord of a let agricultural property in Scotland can take property back out of a 1991 Act Tenancy or 2003 Act Tenancy by way of resumption, the procedure for resumption for different kinds of agricultural leases and the consequences of resumption including compensation and reduction of rent. The statutory procedures in AH(S)A 1991 dealing with notices to remove parts of the property let under a 1991 Act Tenancy are discussed.

This Style is a short limited duration tenancy (SLDT) of a small area of land for no more than one year under the Agricultural Holdings (Scotland) Act 2003. There are no provisions for assignation, subletting or rent review.

This Style is a grazing lease to which section 3 of the Agricultural Premises (Scotland) Act 2003 applies. The maximum period allowed is 364 days. The permitted use is for grazing or mowing and removing grass or similar feed crops. Optional provisions deal with grass cropping and animal welfare obligations and optional provisions where the premises are in a Nitrate Vulnerable Zone. The lease is personal to the tenant.