| Guvnor

Enforcement: No single statutory enforcer
Status: Amended (in force with amendments)
Penalty ceiling: Regulated

Private agricultural tenancy law (1991 Act and 2003 Act limited duration tenancies); disputes resolved by the Scottish Land Court. No business-facing enforcement regulator.

Does it bind you?

Business-side roles with duties under this instrument.

Landlord8 Any Person7 Occupier1 Trader1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Landlord — also bound by 238 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

Any Person — also bound by 2684 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Occupier — also bound by 246 other Acts

The Water Resources (Control of Agricultural Pollution) (Wales) Regulations 2021 47 duties

Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 46 duties

The Welfare of Animals (Slaughter or Killing) Regulations 1995 34 duties

Highways Act 1980 23 duties

Nitrate Pollution Prevention Regulations 2015 19 duties

Trader — also bound by 864 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 244 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Agricultural tenancies

7 of 47 sections shown

s.007 Assignation of modern limited duration tenancies Regulated

Give written notice before assigning a modern limited duration tenancyAny Person

s.010 Increase in rent: landlord’s improvements Regulated

Landlord must notify tenant of rent increase from improvements within 6 monthsLandlord

s.010 Landlord improvement notices Regulated

Give tenants written notice before carrying out relevant improvementsLandlord

s.010 Notice of dates of improvement Regulated

Give tenants written notice of improvement works datesLandlord

s.017 Resumption of land by landlord Regulated

Give tenant written notice before resuming agricultural landLandlord

s.018 Irritancy of lease and good husbandry Regulated

Landlord must give written notice before enforcing lease irritancyLandlord

s.018 Irritancy of lease and good husbandry: modern limited duration tenancies Regulated

Follow rules on lease irritancy and good husbandry for modern limited duration tenanciesLandlord

40 other sections in this Part — procedural and definitional

s.001 Application of the 1991 Act to agricultural holdings

s.002 Conversion from 1991 Act tenancy to limited duration tenancy

s.002 Conversion from 1991 Act tenancy to modern limited duration tenancy

s.002 Conversion from limited duration tenancy to modern limited duration tenancy

s.003 Leases for grazing or mowing

s.004 Short limited duration tenancies

s.005 Limited duration tenancies

s.005 Modern limited duration tenancies

s.005 Modern limited duration tenancies: break clauses

s.005 Repairing tenancies: creation

s.005 Repairing tenancies: exemption from rules of good husbandry during repairing period

s.006 Assignation, subletting and termination of short limited duration tenancies

s.007 Assignation and subletting of limited duration tenancies

s.007 Subletting of modern limited duration tenancies

s.008 Continuation and termination of limited duration tenancies

s.008 Termination of modern limited duration tenancies by agreement

s.008 Termination of modern limited duration tenancies by landlord

s.008 Termination of modern limited duration tenancies by tenant

s.008 Termination of modern limited duration tenancies subject to break clause

s.008 Continuation and extension of modern limited duration tenancies

s.009 Review of rent under limited duration tenancies Review of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies

s.009 Form and content of rent review notice

s.009 Determination of rent

s.009 Review of rent under limited duration tenancies, modern limited duration tenancies and repairing tenancies: surplus residential accommodation

s.010 Objection by tenant

s.010 Referral to Land Court

s.010 Improvement by landlord without notice etc.

s.010 Emergency improvements

s.011 Variation of rent by Land Court

s.012 Right of tenant to withhold rent

s.013 Written leases and the revision of certain leases

s.014 Freedom of cropping and disposal of produce

s.015 Permanent pasture

s.016 Fixed equipment etc.

s.016 Modern limited duration tenancies: fixed equipment etc.

s.019 Resumption and irritancy: supplementary

s.020 Section 16 of the Succession (Scotland) Act 1964

s.021 Bequest of lease

s.022 Right of landlord to object to acquirer of tenancy

s.023 Effect of termination of tenancy where tenant deceased

Part 2

Tenant’s right to buy land

4 of 15 sections shown

s.025 Registration of tenant’s interest Regulated

s.026 Notice of proposal to transfer land Regulated

Notify the tenant before transferring land with a registered interestTrader

s.032 Procedure for buying Regulated

Follow the statutory procedure for buying your agricultural holdingAny Person

s.036 Valuation etc.: further provision Regulated

Valuer must provide written notice of sale price and calculationAny Person

11 other sections in this Part — procedural and definitional

s.024 The Keeper and the Register

s.027 Transfers not requiring notice

s.028 Right to buy

s.029 Exercise of right to buy

s.030 Meaning of “ creditor in a standard security with a right to sell land ”

s.031 Effect of extinguishing of right to buy

s.033 Appointment of valuer

s.034 Valuation of the land

s.035 Special provision where buyer is general partner in limited partnership

s.037 Appeal to Lands Tribunal against valuation

s.038 Referral of certain matters by Lands Tribunal to Land Court

Part 2

Sale where landlord in breach

5 of 16 sections shown

s.038 Application to Land Court for order for sale Regulated

Tenant may apply to Land Court for an order to buy the farm landAny Person

s.038 Tenant's right to buy Regulated

Notify authorities if you intend to exercise your right to buy the landOccupier

s.038 Procedure for buying Regulated

Follow the procedure for purchasing agricultural landAny Person

s.038 Sale to third party Regulated

Apply to have agricultural land sold on the open marketAny Person

s.038 Payment to former landlord where early resale Regulated

Pay a share of resale profits to your former landlordLandlord

11 other sections in this Part — procedural and definitional

s.038 Order for sale

s.038 Effect of order for sale: prohibition of transfer etc.

s.038 Effect of order for sale: suspension of rights

s.038 Appointment of valuer and valuation of the land

s.038 Failure of seller to complete transaction

s.038 Failure of tenant to complete transaction

s.038 Completion of sale to tenant

s.038 Effect of extinguishing of right to buy

s.038 Procedure for sale to third party

s.038 Restriction on notice to quit etc. where sale to third party

s.038 Compensation

Part 3

Use of agricultural land: diversification

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.039 Use of land for non-agricultural purposes

s.040 Notice of and objection to diversification

s.040 Landlord's objection: application to Land Court

s.041 Imposition of conditions by Land Court

s.042 Tenant’s right to timber

Part 4

Compensation under agricultural tenancies

1 of 19 sections shown

s.045 Right to compensation for improvements Regulated

Pay tenant compensation for improvements on terminationLandlord

18 other sections in this Part — procedural and definitional

s.043 Agreements as to compensation for improvements

s.044 Amount of compensation where grant made to tenant

s.045 Amnesty under the Land Reform (Scotland) Act 2016

s.046 Payment of compensation by incoming tenant

s.047 Amount of compensation

s.048 Consent required for compensation in certain cases

s.049 Notice required for certain improvements

s.050 Compensation for disturbance and for damage by game

s.051 Compensation arising as a result of diversification etc.

s.052 Compensation for disturbance

s.053 Compensation for other particular things

s.054 Compensation where compulsory acquisition of land

s.055 Right to compensation for yielding vacant possession

s.056 No right to penal rent etc.

s.057 Provision as to parts of land and divided land

s.058 Compensation not payable where direction as to permanent pasture

s.059 Extent to which compensation recoverable under agreements

s.059 Compensation under repairing tenancies

Part 5

Miscellaneous amendments to the 1991 Act

0 of 10 sections shown

10 other sections in this Part — procedural and definitional

s.060 Agreements as to fixed equipment

s.061 Making of records

s.062 Interdict in certain cases

s.063 Variation of rent

s.064 Tenant’s right to withhold rent

s.065 Termination of tenancy

s.066 Assignation and subletting of tenancy

s.067 Notices to quit

s.068 Restoration of agricultural holding following mineral exploitation

s.069 Good husbandry and conservation activities

Part 6

Rights of certain persons where tenant is a partnership

0 of 7 sections shown

7 other sections in this Part — procedural and definitional

s.070 Rights of certain persons where tenant is a partnership

s.071 Meaning of “family”

s.072 Rights of certain persons where tenant is a limited partnership

s.072 Application of section 73

s.073 Termination of tenancy continued under section 72

s.074 Application of right to buy provisions

s.074 Application of Part 3A of the 1991 Act

Part 7

Jurisdiction of the Land Court and the resolution of disputes

0 of 16 sections shown

16 other sections in this Part — procedural and definitional

s.075 Jurisdiction of the Land Court

s.076 Arbitrations etc.

s.077 Resolution of disputes by Land Court

s.078 Agreement to refer matters to arbitration

s.079 Arbitration: procedure etc.

s.080 Other provisions as to the resolution of disputes

s.081 Clauses in leases as to resolution of disputes

s.082 Amendment of the Scottish Land Court Act 1993

s.083 Power to amend Land Court’s jurisdiction

s.084 Power of Land Court to grant remedies etc.

s.085 Remit from Land Court to sheriff or Court of Session

s.086 Remit to Land Court by sheriff or Court of Session

s.087 Transmission of case where contingency

s.088 Appeal from Land Court to Court of Session

s.089 Expenses in sheriff court and Court of Session

s.090 Conduct of arbiter and setting aside of arbiter’s award

Part 8

General provisions

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.091 Orders and regulations

s.092 Ancillary provision

s.093 Interpretation

s.094 Amendments to enactments

s.095 Short title, Crown application and commencement

1 other provision

s.amendments to enactments Amendments to enactments

Help complying

Guvnor’s practical routes through this instrument.

Regulations that apply to your farm

A quick decision-tree navigator that helps you identify which regulations apply to your specific farm based on what you keep, grow, and …

Check which type of agricultural tenancy you have in Scotland

Whether your Scottish farm tenancy falls under the 1991 Act or the 2003 Act depends on when the lease was entered into. …

1 more guide that reference this instrument

Review the rent on an agricultural tenancy in Scotland

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.