Part IIINotice to Quit and Notice of Intention to Quit
21Notice to quit and notice of intention to quit
1
Subject to section 20 of this Act and to subsections (6) and (7) below a tenancy of an agricultural holding shall not come to an end except by operation of a notice which complies with this subsection notwithstanding any agreement or any provision in the lease to the contrary.
2
In this Act, a notice which complies with subsection (1) above is referred to as a “notice to quit” if it is given by the landlord to the tenant and as a “notice of intention to quit” if it is given by the tenant to the landlord.
3
A notice complies with subsection (1) above if—
a
it is in writing;
b
it is a notice of intention to bring the tenancy to an end;
c
where the notice is to take effect at the termination of the stipulated endurance of the lease, it is given not less than one year nor more than 2 years before that date;
d
in the case of a lease continued in force by tacit relocation, it gives not less than one year nor more than 2 years' notice.
4
The provisions of the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907 relating to removings shall, in the case of an agricultural holding, have effect subject to this section.
5
Notice to quit shall be given either—
a
in the same manner as notice of removal under section 6 of the [1886 c. 50.] Removal Terms (Scotland) Act 1886; or
b
in the form and manner prescribed by the [1907 c. 51.] Sheriff Courts (Scotland) Act 1907,
and such notice shall come in place of the notice required by the said Act of 1907.
6
Nothing in this section shall affect the right of the landlord of an agricultural holding to remove a tenant whose estate has been sequestrated under the [1985 c. 66.] Bankruptcy (Scotland) Act 1985 or the [1913 c. 20.] Bankruptcy (Scotland) Act 1913, or who by failure to pay rent or otherwise has incurred irritancy of his lease or other liability to be removed.
7
This section shall not apply—
a
to a notice given in pursuance of a stipulation in a lease entitling the landlord to resume land for building, planting, feuing or other purposes (not being agricultural purposes); or
b
in relation to subjects let under a lease for any period less than a year, not being a lease which by virtue of section 2 of this Act takes effect as a lease from year to year.