Commentary

I8.368 Agricultural tenancies in Scotland

IHT, trusts and estates

I8.368 Agricultural tenancies in Scotland

I8.368 Agricultural tenancies in Scotland

In Scotland if neither party to a lease gives notice of intention to terminate the lease when its term expires, the lease is regarded as continuing by virtue of tacit relocation (ie on a year to year basis) on the same conditions as stipulated in the lease except in relation to duration. If the lease is for a period of less than a year, there is renewal for a similar period (if a landlord allows such renewal and the tenant remains in occupation for a period in excess of a year, he would thereby secure the protection of the Agricultural Holdings (Scotland) Act 1991). If the lease is for a year or more, there is renewal for a year and from year to year thereafter.

In the event of the death of a tenant of an agricultural holding, the right to the lease may be bequeathed by the tenant by will, if the lease contains no exclusion of assignees. Where there is no such bequest or there is such an exclusion, the lease may be transferred by the executors of the deceased tenant to one of the persons who would have been entitled to succeed to his estate by virtue of the laws of intestate succession. The Agricultural Holdings Act specifies grounds under which a landlord may object to a successor tenant and serve Notice to Quit but otherwise the lease, unlike the position in England, may be transferred through several generations.

The question of whether a

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