Agricultural holdings in Scotland

Agricultural holdings in Scotland guidance:

Historically almost all disputes relating to agricultural tenancy matters were referred to arbitration in the first instance. The thinking was that many issues relating...

Practice Note

Agricultural tenants’ right to buy An agricultural tenant’s right to buy was introduced by the Agricultural Holdings (Scotland) Act 2003. It is a ‘pre-emptive’ right...

Practice Note

Leasing of farmland is heavily controlled by the law. In Scotland, normal commercial leases are only affected to a moderate extent by statute, but in the case of leases...

Practice Note

STOP PRESS: The Direct Payments to Farmers (Legislative Continuity) (Scotland) (Miscellaneous Amendments) Regulations 2020, SSI 2020/18 are in force from the 31 January...

Practice Note

Produced in partnership with Mike Blair of Gillespie MacAndrew This Practice Note explains the improvements amnesty for certain types of improvements carried out in the...

Practice Note

There are important differences between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies. This Practice Note explains these differences...

Practice Note

Diversification at common law Diversification, ie the use of a holding for a non-agricultural purpose not sanctioned by the lease, would at common law be a breach of the...

Practice Note

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...

Practice Note

This Practice Note sets out the grounds and availability of irritancy in 1991 Act Tenancies and 2003 Act Tenancies being:. • short limited duration tenancies (‘SLDTs’) •...

Practice Note

Contractual and statutory basis of rent review and time intervals Tenants under 1991 Act Tenancies benefit from substantial security of tenure and statutory tacit...

Practice Note

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,...

Practice Note

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...

Practice Note

Produced in partnership with Mike Blair of Gillespie MacAndrew Parties 1 [insert full name of party], residing at [insert address] (together with their successors as...

Precedents