Residential property

Agricultural leases and crofting

Legislation surrounding both agricultural holdings and crofting has become some of the most complex areas of rural law in recent years.

Whether you’re a landlord or a tenant it’s vital to know your rights and obtain advice from an expert when required. We have three accredited specialists in agricultural law and can advise you on all aspects of agricultural holdings and crofting law.

Secure Tenancies

Secure or “1991 Act” tenancies are heavily regulated by statute. If you’re a landlord or tenant of “1991 Act tenancies”, we can provide you with practical commercial advice relating to this complex area of law, including the areas where tensions often arise such as rent reviews and the termination and transmission of tenancies.

Fixed Duration Tenancies

The Agricultural Holdings (Scotland) Act 2003 introduced tenancies of fixed duration as an alternative to secure or “1991 Act” tenancies, namely the Short Limited Duration Tenancy, the Limited Duration Tenancy and the Grazing Agreement. The Land Reform (Scotland) Act 2016 introduced two further types of tenancy being the Modern Limited Duration Tenancy and the Repairing Tenancy. We regularly prepare, negotiate and provide advice on the terms of each of these types of agricultural leases, if you’d like more information or wish to discuss fixed duration tenancies please contact us.

Rent Review

The rent review procedure, whether for a “1991 Act” tenancy or one of the modern fixed duration tenancies, is regulated by statute. Considerable care needs to be taken to ensure the procedure is followed correctly with notices being served and acted upon within the designated timeframe. We’re skilled in the preparation of rent review notices and provide advice on all aspects of rent reviews.

Right to Buy

The Agricultural Holdings (Scotland) Act 2003 introduced the agricultural tenant’s right to buy with the mechanism for registration being adjusted by the Land Reform (Scotland) Act 2016. If you’re a landlord then we’ll provide you with advice on what you can and can’t do if you have a tenant who has registered their right to buy.

Alternatively, if you’re a tenant interested in right to buy we can help you understand and enforce your rights.

Transmission

The ability to assign an agricultural lease is set out in legislation. It’s important for both landlords and tenants to understand their rights and those of the other party to their lease. We routinely provide advice to both landlords seeking advice in relation to a tenant wishing to assign their lease or to tenants exploring their options.

Succession

We understand that death is a very difficult time for the families of both landlords and tenants but it is vitally important for both parties to understand their rights in relation to their lease and what procedure needs to be followed for the lease to be transferred upon death. It’s important to contact us as soon as possible after a death so we can act quickly and ensure that the correct course of action is followed.

Disputes

The increase in legislation surrounding agricultural holdings in recent years has led to a polarisation of the interests of landlords and tenants and by consequence an increase in Court cases to deal with areas of contention, including the rent review process, the transmission and termination of tenancies. Whether you’re a landlord or a tenant, we’ll provide you with the advice you need on all aspects of disputes from the initial disagreement to representation in the Land Court.

How can we help you today?

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