Mike Blair

This Practice Note summarises the procedures for resolution of disputes about matters relating to Agricultural Leases in Scotland, the jurisdiction, procedure and remedies of the Scottish Land Court, and alternative dispute resolution processes including arbitration and the Tenant Farming Commissioner (TFC) Mediation Scheme 2021 to 2023.

This Practice Note gives an overview of the law and practice affecting the agricultural tenants right to buy arising under the Part 2 of the Agricultural Holdings (Scotland) Act 2003 and the changes that will be brought about when the relevant provisions of the Land Reform (Scotland) Act 2016 come into effect. The distinction between the agricultural right to buy and the crofting community right to buy and the rights to buy to which individual croft tenants are entitled, are discussed.

This Practice Note gives an overview of the different kinds of agricultural tenancies under the Agricultural Holdings (Scotland) Act 1991(1991 Act Tenancies) and Agricultural Holdings (Scotland) Act 2003 (2003 Act Tenancies) including Short Limited Duration Tenancies (SLDTs), Limited Duration Tenancies (LDTs), Modern Limited Duration Tenancies (MLDTs), repairing tenancies and grazing tenancies distinguishing their general characteristics; duration, uses, rent, succession and sub-letting, and also some of the basic facts about them, including the role of writing, fixed equipment and fixtures, rent review, resumption, diversification, right to buy, irritancy, compensation at waygo, relinquishment and assignation, and dispute resolution.

This Practice Note gives an overview on the EU and other agricultural subsidy systems currently operating in rural Scotland including the Basic Payment Scheme (BPS), with the ‘greening’ element, young farmer payments, Sheep Upland Support Scheme (SUSS), Scottish Suckler Beef Support Scheme (SSBSS), Scottish Rural Development Programme (SRDP) and Less Favoured Areas Support Scheme (LFASS).

This Practice Note explains the important difference between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies in Scotland. It outlines the landlord and tenant responsibilities and entitlements.

This Practice Note considers agricultural tenants’ rights to diversify or use the let subjects for alternative business uses both under 1991 Act Tenancies and 2003 Act Tenancies, the extent of the right to diversify and some of the consequences of diversification.

This Practice Note describes what fixed equipment is in an agricultural holdings context, the obligations to provide it, record it, maintain it and replace it once beyond repair in tenancies under the Agricultural Holdings (Scotland) Act 1991 (1991 Act Tenancies) and Agricultural Holdings (Scotland) Act 2003 (2003 Act Tenancies) in relation to short limited duration tenancies (SLDTs) and limited duration tenancies (LDTs).

This Practice Note explains the legal (statutory) and conventional irritancies in relation to 1991 Act and 2003 Act agricultural tenancies in Scotland.

This Practice Note gives guidance on the rent review provisions applying to agricultural tenancies under the Agricultural Holdings (Scotland) Act 1991 (1991 Act tenancies) in Scotland, and the procedures to be adopted in initiating and negotiating a rent review. It does not deal with procedure in the Land Court if the parties fail to agree the new rent.

This Practice Note considers rent review provisions applying to Agricultural Holdings (Scotland) Act 2003 (2003 Act tenancies) and the procedures to be adopted in initiating and negotiating a rent review. This Practice Note does not deal with procedure in the Land Court if the parties fail to agree the new rent.

This Practice Note summarises the circumstances in which a landlord of a let agricultural property in Scotland can take property back out of a 1991 Act Tenancy or 2003 Act Tenancy by way of resumption, the procedure for resumption for different kinds of agricultural leases and the consequences of resumption including compensation and reduction of rent. The statutory procedures in AH(S)A 1991 dealing with notices to remove parts of the property let under a 1991 Act Tenancy are discussed.

This Style is a short limited duration tenancy (SLDT) of a small area of land for no more than one year under the Agricultural Holdings (Scotland) Act 2003. There are no provisions for assignation, subletting or rent review.

This Style is a grazing lease to which section 3 of the Agricultural Holdings (Scotland) Act 2003 applies. The maximum period allowed is 364 days. The permitted use is for grazing or mowing and removing grass or similar feed crops. Optional provisions deal with grass cropping and animal welfare obligations and optional provisions where the premises are in a Nitrate Vulnerable Zone. The lease is personal to the tenant.