Agricultural Holdings (Scotland) Act 2003

Prospective

65Termination of tenancyS

This sectionnoteType=Explanatory Notes has no associated

After section 16 (leases not terminated by variation of terms, etc.) of the 1991 Act there is inserted—

16ALeases not terminated on grounds of non-residence

(1)The lease of an agricultural holding shall not be brought to an end, and accordingly the landlord shall not be entitled to bring proceedings to terminate the lease or to treat it as at an end, by reason only that the tenant is not or has not been resident on the agricultural holding.

(2)Where there is a term in a lease of an agricultural holding which purports to require the tenant to reside on the holding, there shall, in place of that term, be deemed to be incorporated in the lease an undertaking by the tenant that he will, if he does not reside on the holding, ensure that a person who has the skills and experience necessary to farm the holding in accordance with the rules of good husbandry resides on the holding..