Shepherd and Wedderburn

This Practice Note summarises the procedures for resolution of disputes about matters relating to Agricultural Leases in Scotland, the jurisdiction, procedure and remedies of the Scottish Land Court, and alternative dispute resolution processes including arbitration and the Tenant Farming Commissioner (TFC) Mediation Scheme 2021 to 2023.

This Practice Note gives an overview of the law and practice affecting the agricultural tenants right to buy arising under the Part 2 of the Agricultural Holdings (Scotland) Act 2003 and the changes that will be brought about when the relevant provisions of the Land Reform (Scotland) Act 2016 come into effect. The distinction between the agricultural right to buy and the crofting community right to buy and the rights to buy to which individual croft tenants are entitled, are discussed.

This Practice Note gives an overview of the different kinds of agricultural tenancies under the Agricultural Holdings (Scotland) Act 1991(1991 Act Tenancies) and Agricultural Holdings (Scotland) Act 2003 (2003 Act Tenancies) including Short Limited Duration Tenancies (SLDTs), Limited Duration Tenancies (LDTs), Modern Limited Duration Tenancies (MLDTs), repairing tenancies and grazing tenancies distinguishing their general characteristics; duration, uses, rent, succession and sub-letting, and also some of the basic facts about them, including the role of writing, fixed equipment and fixtures, rent review, resumption, diversification, right to buy, irritancy, compensation at waygo, relinquishment and assignation, and dispute resolution.

This Practice Note gives an overview on the EU and other agricultural subsidy systems currently operating in rural Scotland including the Basic Payment Scheme (BPS), with the ‘greening’ element, young farmer payments, Sheep Upland Support Scheme (SUSS), Scottish Suckler Beef Support Scheme (SSBSS), Scottish Rural Development Programme (SRDP) and Less Favoured Areas Support Scheme (LFASS).

This Practice Note explains the important difference between agricultural tenants’ improvements and tenants’ fixtures in agricultural tenancies in Scotland. It outlines the landlord and tenant responsibilities and entitlements.

This Practice Note considers agricultural tenants’ rights to diversify or use the let subjects for alternative business uses both under 1991 Act Tenancies and 2003 Act Tenancies, the extent of the right to diversify and some of the consequences of diversification.

This Practice Note describes what fixed equipment is in an agricultural holdings context, the obligations to provide it, record it, maintain it and replace it once beyond repair in tenancies under the Agricultural Holdings (Scotland) Act 1991 (1991 Act Tenancies) and Agricultural Holdings (Scotland) Act 2003 (2003 Act Tenancies) in relation to short limited duration tenancies (SLDTs) and limited duration tenancies (LDTs).

This Precedent is a long form boilerplate clause set for use in business-to-business commercial contracts governed by the law of Scotland. These boilerplate clauses cover the mechanics of how an agreement works and provides clauses that are standard in most transactions governed by Scots law. Boilerplate clauses can be pro-party or mutual; these are drafted from a mutual perspective. The long form boilerplate set consists of a definitions and interpretation clause, dispute resolution clause, entire agreement clause, notices clause, announcements clause, force majeure clause, further assurance clause, variation clause, assignation clause, set-off clause, no partnership or agency clause, severance clause, waiver clause, compliance with law clause, conflict within agreement clause, counterparts clause, costs and expenses clause, language clause, third party rights clause, governing law clause and jurisdiction clause.

This is a Precedent execution clause for a limited company entering into a contract that does not require to be self-proving under Scots law and where the document is being signed on the company's behalf by a director.

This is a Precedent execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving and where the document is being signed on the company's behalf by the company secretary.

This is a Precedent Execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited partnership (LP) entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a partnership entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for the execution of a contract under Scots law by an attorney appointed by one party to sign such contracts on that party's behalf.

This is a Precedent Execution clause for an individual entering into a contract under Scots law that does not require to be self-proving.

This is a Precedent Execution clause for a limited partnership (LP) entering into a contract under Scots law that does not require to be self-proving.