Resumption of agricultural holdings in Scotland
Produced in partnership with Mike Blair of Gillespie Macandrew LLP
Resumption of agricultural holdings in Scotland

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

  • Resumption of agricultural holdings in Scotland
  • Resumption in 1991 Act Tenancies
  • Resumption of 2003 Act Tenancies
  • Resumption procedure—2003 Act Tenancies
  • Partial Notices to Quit

A lease of agricultural property may often contain a clause entitling the landlord to resume part of the land in certain circumstances. In the case of 1991 Act Tenancies resumption is largely governed by the terms of the lease, apart from provisions governing the tenant's entitlement to compensation.

A landlord can only resume land from an agricultural holding from a tenant under a 1991 Act Tenancy if power to do so is expressly provided for in the lease. In Pigott v Robson (1958 SLT 49 (not reported by LexisNexis®)) it was held that the lease provisions where not wide enough to allow the landlord to resume farming the land themselves. There are no statutory powers of resumption for 1991 Act Tenancies under the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991).

In the case of 2003 Act Tenancies, the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003) allows resumption by the landlord in short limited duration tenancies (SLDTs) limited duration tenancies (LDTs) and modern limited duration tenancies (MLDTs)in all cases, unless the lease specifically prohibits it.

Resumption in 1991 Act Tenancies

The terms of the lease will determine whether:

  1. there are specific purposes for which the landlord can resume the land

  2. more than one resumption can take place during the period of the lease

  3. a landlord may exercise a power of resumption despite being