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Agricultural Holdings (Scotland) Act 2003

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This is the original version (as it was originally enacted).

New types of tenancy

4Short limited duration tenancies

(1)Where—

(a)agricultural land is let under a lease for a term of not more than five years;

(b)the land comprised in the lease is not let to the tenant during the tenant’s continuance in any office, appointment or employment held under the landlord; and

(c)the lease does not constitute—

(i)a 1991 Act tenancy; or

(ii)a tenancy to which section 3 applies,

the tenancy under the lease is, by virtue of this subsection, a short limited duration tenancy.

(2)Without prejudice to subsection (1), where the tenant remains in occupation of the land after the expiry of the term of a tenancy to which section 3 applies with the consent of the landlord, the tenancy continues to have effect as if it were for a term of—

(a)5 years; or

(b)such period of less than 5 years as the landlord and tenant may agree to,

and the tenancy is, by virtue of this subsection, a short limited duration tenancy.

(3)Where the tenant remains in occupation of the land after the expiry of the term of a short limited duration tenancy of less than 5 years (including such a term fixed by virtue of subsection (2)) with the consent of the landlord, the tenancy continues to have effect as if it were for a term of—

(a)5 years; or

(b)such period of less than 5 years as the landlord and tenant may agree to.

(4)This subsection applies to a short limited duration tenancy where—

(a)the term of the tenancy has expired and the tenant has not remained in occupation of the land; or

(b)during the term of the tenancy, the landlord and tenant have terminated the tenancy by agreement.

(5)Where the landlord and tenant enter into a lease constituting a further short limited duration tenancy which—

(a)comprises the same land as that comprised in the tenancy to which subsection (4) applies; and

(b)has effect less than one year from the expiry of the term of, or termination of, that tenancy,

the expired period of the term of that tenancy counts as an expired period of the term of the further tenancy; but this is subject to subsection (3) of section 5.

5Limited duration tenancies

(1)Where—

(a)agricultural land is let under a lease for a term of not less than fifteen years;

(b)the land comprised in the lease is not let to the tenant during the tenant’s continuance in any office, appointment or employment held under the landlord; and

(c)the lease does not constitute a 1991 Act tenancy,

the tenancy under the lease is, by virtue of this subsection, a limited duration tenancy.

(2)Where the tenant remains in occupation of the land after the expiry of the term of a short limited duration tenancy of 5 years (including such a term fixed by virtue of section 4(2) or (3)) with the consent of the landlord, the tenancy has effect as if it were for a term of 15 years commencing on the expiry of the term of the short limited duration tenancy; and the tenancy is, by virtue of this subsection, a limited duration tenancy.

(3)Where subsection (5) of section 4 results in a short limited duration tenancy purporting to be for a term of more than 5 years, the tenancy has effect as if it were for a term of 15 years; and the tenancy is, by virtue of this subsection, a limited duration tenancy.

(4)Without prejudice to subsections (2) and (3), where a lease constituting a tenancy of agricultural land, as described in paragraphs (b) and (c) of subsection (1), purports to be for a term of more than 5 years and less than 15 years, the tenancy has effect as if it were for a term of 15 years; and the tenancy is, by virtue of this subsection, a limited duration tenancy.

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