Resumption of agricultural holdings in Scotland and partial notices to quit

Produced in partnership with Emma Robertson of Shepherd and Wedderburn
Practice notes

Resumption of agricultural holdings in Scotland and partial notices to quit

Produced in partnership with Emma Robertson of Shepherd and Wedderburn

Practice notes
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A lease of agricultural property may often contain a clause entitling the landlord to resume part of the land in certain circumstances. In the case of 1991 Act Tenancies resumption is largely governed by the terms of the lease, apart from provisions governing the tenant's entitlement to compensation.

A landlord can only resume land from an agricultural holding from a tenant under a 1991 Act Tenancy if power to do so is expressly provided for in the lease. In Pigott v Robson (1958 SLT 49 (not reported by LexisNexis®)) it was held that the lease provisions where not wide enough to allow the landlord to resume in order to farm the land themselves. There are no statutory powers of resumption for 1991 Act Tenancies under the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991).

In the case of 2003 Act Tenancies, the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003) allows resumption by the landlord in short limited duration tenancies (SLDTs) limited duration tenancies (LDTs) and modern

Emma Robertson
Emma Robertson

Partner (Solicitor), Shepherd and Wedderburn


Emma Robertson is accredited by the Law Society of Scotland as a Specialist in Agricultural Law. She has experience across the board in respect of all aspects of rural legal work from the purchase and sale of farms and estates to onshore renewables. Emma has a particular interest in agricultural law and acts for both landlords and tenants across Scotland. Her experience includes the preparation of new agricultural leases including 1991 Act tenancies and fixed duration tenancies, advising on aspects of tenancies including rent reviews, tenant’s improvements, the relinquishment procedure, succession and waygo.

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Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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