Rent review under 2003 Act agricultural tenancies in Scotland
Produced in partnership with Mike Blair of Gillespie MacAndrew
Rent review under 2003 Act 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:

  • Rent review under 2003 Act agricultural tenancies in Scotland
  • Statutory basis of rent review and time intervals
  • Notice of and procedure in rent reviews and the Tenant Farming Commissioner’s (TFC) code of practice
  • Factors taken into consideration in statutory rent review under Agricultural Holdings (Scotland) Act 2003, s 9—pre ss 9B and 9C coming into effect
  • Future changes to statutory rent review under Agricultural Holdings (Scotland) Act 2003, ss 9B and 9C

Most 2003 Act Tenancies, (SLDTs, LDTs, MLDTs and when the relevant provisions come into force, repairing tenancies) at present are running on their contractual term, rather than on tacit relocation.

Currently SLDTs, and LDTs are in existence and their rent review, in default of contractual provision, is governed by the Agricultural Holdings (Scotland) Act 2003, s 9. With effect from 1 December 2017, no new LDTs can be created (subject to transitory provisions in the Land Reform (Scotland) Act 2016 (Commencement No. 6, Transitory and Saving Provisions) Regulations 2017 (SSI 2017/299)), and MLDTs can be created. It is expected that Agricultural Holdings (Scotland) Act 2003, ss 9A–9C and associated amendments to Agricultural Holdings (Scotland) Act 2003 (introduced by the Land Reform (Scotland) Act 2016 (LR(S)A 2016)) will come into effect shortly, once the associated delegated legislation is passed to establish the new basis of default rent review for MLDTs and LDTs.

Repairing tenancies have not yet been brought into force, but the provisions described in this Practice Note, coupled the same amendments to Agricultural Holdings (Scotland) Act 2003 (still to come into force and regulations still to be passed), will also apply to them.

The basis of rent review assumes that the landlord does not let to the tenant the farm and what is actually on it, but only the farm with the benefit