Buildings and other fixed equipment in agricultural tenancies in Scotland
Produced in partnership with Mike Blair of Gillespie MacAndrew
Buildings and other fixed equipment in agricultural tenancies in Scotland

The following Property guidance note Produced in partnership with Mike Blair of Gillespie MacAndrew provides comprehensive and up to date legal information covering:

  • Buildings and other fixed equipment in agricultural tenancies in Scotland
  • Definition of fixed equipment
  • Landlord’s obligation to provide fixed equipment
  • Landlord’s obligation to replace fixed equipment
  • Tenant’s obligation to maintain fixed equipment
  • Can the parties agree to vary the obligations?
  • Limitations on landlord’s obligation
  • Records of the holding including fixed equipment
  • Effect of failure by landlord to provide fixed equipment

The Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) provides for certain maintenance provisions to be included in every tenancy under it (1991 Act Tenancies), and there are parallel, though not quite identical, provisions in the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003) in relation to short limited duration tenancies (SLDTs) (of up to five years duration), limited duration tenancies (LDTs) (of a minimum period of ten years) and modern limited duration tenancies (MLDTs) (for ten or more years) together know as 2003 Act Tenancies. See Practice Note: Agricultural holdings in Scotland—snapshot.

Definition of fixed equipment

AH(S)A 1991, s 85 defines ‘fixed equipment’ as including:

  1. all types of artificial works on land, eg drains, bridges, fences, tracks as well as buildings and machinery installed therein of all types

  2. anything grown on the land for a purpose other than use after severance from the land, consumption of the thing grown or the produce thereof, or amenity, eg hedges and shelter belts of trees and bushes

  3. an item can be fixed equipment, regardless of how it came to exist

This definition applies in both 1991 Act Tenancies and 2003 Act Tenancies.

Landlord’s obligation to provide fixed equipment

Obligation at common law

The landlord has a responsibility to provide fixed equipment. In Davidson it was held that:

‘it is beyond dispute that the obligation which