Landlord and tenant can agree a new rent at any time. If you cannot agree, either of you can have the rent reviewed by following the steps in the Agricultural Holdings (Scotland) Acts, and the Scottish Land Court decides it.
1991 Act tenancies
Limited duration and modern limited duration tenancies
If the lease has no rent review clause, the 2003 Act review applies. A lease clause that lets only the landlord start a review, or allows only increases, is void and the Act's review applies instead.
Either party names a review date in a written notice given between 1 and 2 years before that date. The review date must be at least 3 years after the start of the tenancy or the previous review.
The Land Court sets an open-market rent between a willing landlord and a willing tenant. As for a 1991 Act tenancy, it disregards the tenant's occupation and any scarcity of lets, has regard to the rents of other holdings and the economic conditions in that sector, and leaves out any increase in value from improvements the tenant paid for.
Changes from the Land Reform (Scotland) Act 2025
The Land Reform (Scotland) Act 2025 received Royal Assent on 16 December 2025. It amends the Agricultural Holdings (Scotland) Acts, including rules on how rent is reviewed and assessed. Each change takes effect only on the date Scottish Ministers set in commencement regulations. Until a change comes into force, the law it amends continues to apply.
-
A written review notice served on the other party
Put the notice in writing and keep proof of when it was served, because the dates that follow run from it.
-
A record of the last rent change
Keep the date the tenancy started and the date the rent was last set or reviewed, to show the 3-year gap has passed.
-
Evidence of comparable rents
Collect the rents of similar holdings and when they were fixed, as the Land Court has regard to these.
-
A record of tenant improvements
Keep invoices, consents and notices for improvements the tenant paid for, so any increase in value from them is left out of the rent.