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Agriculture (Miscellaneous Provisions) Act 1976

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This is the original version (as it was originally enacted).

14Agricultural holdings in Scotland: further restrictions on operation of certain notices to quit

(1)Subsections (2) to (4) below shall apply where—

(a)notice to quit an agricultural holding or part of an agricultural holding is given to the tenant thereof ; and

(b)the notice includes a statement in accordance with paragraph (e) of section 25(2) of the Agricultural Holdings (Scotland) Act 1949 to the effect that it is given by reason of the tenant's failure to remedy any such breach as is mentioned in section 13(1) of this Act.

(2)If not later than one month from the giving of the notice to quit the tenant serves on the landlord a counter-notice in writing requiring that this subsection shall apply to the notice to quit, the notice to quit shall not have effect (whether as a notice to which section 25(1) of the said Act of 1949 does or does not apply) unless the Land Court consent to the operation thereof :

Provided that a counter-notice under this subsection shall be of no effect if within one month after the giving of the notice to quit the tenant serves on the landlord an effective notice under section 27(2) of the said Act of 1949 requiring the validity of the reason stated in the notice to quit to be determined by arbitration.

(3)Where—

(a)the tenant has, not later than one month from the giving of the notice to quit, served on the landlord an effective notice under section 27(2) of the said Act of 1949 requiring the validity of the reason stated in the notice to quit to be determined by arbitration ; and

(b)the notice to quit would, apart from this subsection, have effect in consequence of the arbitration,

then, if not later than one month from the date on which the arbiter's award is delivered to the tenant the tenant serves on the landlord a counter-notice in writing requiring that this subsection shall apply to the notice to quit, the notice to quit shall not have effect (whether as a notice to which section 25(1) of the said Act of 1949 does or does not apply) unless the Land Court consent to the operation thereof.

(4)On an application made in that behalf by the landlord, the Land Court shall consent under subsection (2) or (3) above to the operation of the notice to quit unless in all the circumstances it appears to them that a fair and reasonable landlord would not insist on possession.

(5)Where a subsequent notice to quit is given in accordance with section 13(3) of this Act in a case where the original notice to quit fell within subsection (1) above, then, if the tenant serves on the landlord a counter-notice in writing within one month after the giving of the subsequent notice to quit (or, if the date specified in that notice for the termination of the tenancy is earlier, before that date), the subsequent notice to quit shall not have effect unless the Land Court, on an application of the landlord, consent to the operation thereof, and the Land Court shall consent to the operation thereof unless in all the circumstances it seems to them that a fair and reasonable landlord would not insist on possession.

(6)Any expression used in section 13 of this Act or this section and in the said Act of 1949 has the same meaning in those sections as in that Act; and the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 with regard to the Land Court shall, with any necessary modifications, apply for the purpose of the determination by the Land Court of any matter under those sections as they apply for the purpose of the determination by the Land Court of matters referred to them under those Acts.

(7)Section 86 of the said Act of 1949 (Crown land) shall have effect as if references to that Act included references to this section.

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