- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The landlord and tenant under a 1991 Act tenancy may terminate the tenancy by agreement provided that—
(a)the agreement is—
(i)in writing and specifies the date on which the termination is to have effect; and
(ii)made not less that 30 days before that date; and
(b)subsection (2) is complied with.
(2)This subsection is complied with if the landlord and tenant enter into a lease constituting a limited duration tenancy for a term of not less than 25 years which—
(a)comprises or includes the same land as that comprised in the tenancy being terminated under subsection (1); and
(b)has effect from the date on which the termination under that subsection has effect.
(3)The landlord or tenant is entitled, at any time before the date on which the termination under subsection (1) has effect, to revoke (without penalty)—
(a)the agreement made under that subsection; and
(b)the lease mentioned in subsection (2),
by giving notice in writing to the other of the revocation.
(4)On termination of a 1991 Act tenancy under subsection (1), the tenant is entitled to—
(a)such compensation for improvements as the tenant would have been entitled to under Part IV (compensation for improvements) of the 1991 Act (or, as the case may be, under the lease); and
(b)such compensation as the tenant would have been entitled to under section 45A (compensation arising as a result of diversification and cropping of trees) of that Act,
were the tenant quitting the holding at the termination of the tenancy.
(5)Where a 1991 Act tenancy is terminated under subsection (1), section 21 (notice to quit and notice of intention to quit) of the 1991 Act does not apply in respect of the tenancy.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: