Shepherd and Wedderburn

This Practice Note gives an overview of the different kinds of agricultural tenancies under the Agricultural Holdings (Scotland) Act 1991(1991 Act Tenancies) and Agricultural Holdings (Scotland) Act 2003 (2003 Act Tenancies) including Short Limited Duration Tenancies (SLDTs), Limited Duration Tenancies (LDTs), Modern Limited Duration Tenancies (MLDTs), repairing tenancies and grazing tenancies distinguishing their general characteristics; duration, uses, rent, succession and sub-letting, and also some of the basic facts about them, including the role of writing, fixed equipment and fixtures, rent review, resumption, diversification, right to buy, irritancy, compensation at waygo, relinquishment and assignation, and dispute resolution.

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 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 considers execution of documents under Scots law. In particular it covers which types of contract must be recorded in writing under Scots law, how valid execution of them is achieved, options for executing multi-party documents, the requirements of the Scottish property registers, requirements relating to the date and delivery of documents in Scotland and rules relating to the execution of counterparts under Scots law. It considers the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) and the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015).

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 explains the legal (statutory) and conventional irritancies in relation to 1991 Act and 2003 Act agricultural tenancies in Scotland.

This Practice Note summarises the procedures for resolution of disputes about matters relating to Agricultural Leases in Scotland, the jurisdiction, procedure and remedies of the Scottish Land Court, and alternative dispute resolution processes including arbitration and the Tenant Farming Commissioner (TFC) Mediation Scheme 2021 to 2023.

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 considers rent review provisions applying to Agricultural Holdings (Scotland) Act 2003 (2003 Act tenancies) and the procedures to be adopted in initiating and negotiating a rent review. This Practice Note 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 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. 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 gives an overview of the agricultural subsidy systems currently operating in rural Scotland including the Basic Payment Scheme (BPS), with the ‘greening’ element, young farmer payments, Sheep Upland Support Scheme (SUSS), Scottish Suckler Beef Support Scheme (SSBSS), Scottish Rural Development Programme (SRDP) and Less Favoured Areas Support Scheme (LFASS).

This Practice Note considers the powers of the Lands Tribunal for Scotland (LTS) generally in relation to tenant’s rights to purchase public sector homes, compensation due to public works, non-domestic rating assessments, decisions of the Keeper, valuation in relation to various community rights to buy, review or arbitration in relation to long leases and disputes under the electronic communications code. It also considers in more detail making orders to vary or discharge title conditions.

This Practice Note considers virtual execution under Scots law, or execution of electronic documents. It covers the necessary steps for valid execution of electronic documents under Scots law and, in particular, looks at the use of the advance electronic signature (AES) in Scotland and the delivery steps required for the execution to be effective. In particular, it considers the Requirements of Writing (Scotland) Act 1995, Assimilated Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (UK eIDAS) and the Electronic Documents (Scotland) Regulations 2014, SSI 2014/83. It also considers the application, appearance and reading of an electronic document, and delivery of an electronic document, as well as ARTL, the electronic conveyancing system in Scotland.

This Precedent is a long form boilerplate clause set for use in business-to-business commercial contracts governed by the law of Scotland. These boilerplate clauses cover the mechanics of how an agreement works and provides clauses that are standard in most transactions governed by Scots law. Boilerplate clauses can be pro-party or mutual; these are drafted from a mutual perspective. The long form boilerplate set consists of a definitions and interpretation clause, dispute resolution clause, entire agreement clause, notices clause, announcements clause, force majeure clause, further assurance clause, variation clause, assignation clause, set-off clause, no partnership or agency clause, severance clause, waiver clause, compliance with law clause, conflict within agreement clause, counterparts clause, costs and expenses clause, language clause, third party rights clause, governing law clause and jurisdiction clause.

This is a Precedent Execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited partnership (LP) entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a partnership entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited partnership (LP) entering into a contract under Scots law that does not require to be self-proving.