Small landholdings in Scotland: legislation review

Only for the term of the lease but apart from payment of rent other conditions are statutory in 1911 Act

Under statutory conditions

Bound for any term that may be agreed upon that the Scottish Land Court may think reasonable

Yearly term with right of renewal as tenants option

Revised only at the end of the previous lease

Revisions at 7-yearly intervals

Scottish Land Court fixes an "equitable rent" - must be similar as might reasonably be looked for on the open market

Scottish Land Court fixes a "fair rent" - open market can be disregarded

At renewal of lease period, must provide and maintain buildings and improvements necessary for cultivation of the land

None in relation to buildings or other improvements

Scottish Land Court may declare the tenant as a landholder

N/A

1. Resumption

2. At the expiry of an agreed term if the Scottish Land Court is satisfied there is a reasonable objection to the tenant

3. Non-payment of rent or ease conditions or those existing at common law

Only by resumption for a reasonable purpose or by removal for breach of statutory conditions

Cannot obtain through Scottish Land Court

Can obtain through Scottish Land Court

Yes to member of family but not by assignation when infirm

Yes to member of family and by assignation when infirm

Claim under Agricultural Holdings Acts

Claim under 1911 Act

Cannot be merged with any other agricultural holding without SG approval. There is no obligation to let under any particular form of tenure

Landlord cannot let out other than to another landholder for enlargement of their holding or to new landholder