Check which type of agricultural tenancy you have in Scotland

Scotland has its own law on agricultural tenancies, separate from the law in England and Wales. Disputes go to the Scottish Land Court.

Which Act applies depends on the date the lease was entered into. Part 1 of the Agricultural Holdings (Scotland) Act 2003 came into force on 27 November 2003. Most leases entered into before that date are 1991 Act tenancies. Leases entered into from that date are one of the tenancy types the 2003 Act created.

1991 Act tenancies

A 1991 Act tenancy does not end when the term in the lease runs out. It continues by tacit relocation for another year and then from year to year, until the landlord gives a valid notice to quit or the tenant gives a valid notice of intention to quit. If the landlord gives notice to quit, the tenant can serve a counter-notice and the notice then takes effect only if the Land Court consents, except on the limited grounds the Act lists.

2003 Act tenancies

A lease for a term of up to 5 years is an SLDT unless the land is let to the tenant because of an office or job held under the landlord. A lease for more than 5 but less than 10 years takes effect as a 10-year MLDT.

Passing on a 1991 Act tenancy

A 1991 Act tenant can leave the lease by will to a person the Act allows. The person who inherits it must give the landlord notice of the bequest within 21 days after the tenant's death, or as soon as practicable if something unavoidable prevents that.

The landlord can object by counter-notice within 1 month. The landlord must then apply to the Land Court within a further month. Unless the landlord proves a ground of objection, the court declares the legatee to be the tenant from the date of the death.

Right to buy for 1991 Act tenants

A 1991 Act tenant can register an interest in buying the land by sending a notice of interest to the Keeper of the Registers of Scotland. A registered interest gives the tenant a pre-emptive right to buy if the landlord proposes to sell. A tenant can apply to register the interest again at any time.

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 succession, the tenant's right to buy, rent review and compensation when a tenancy ends. 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.