Part 1

Agricultural tenancies
Chapter 2

General provision as to new types of tenancy

New types of tenancy: general provision

Landlord improvement notices
10A
1
This section applies where the landlord of—
a
a short limited duration tenancy within the meaning of section 4,
b
a limited duration tenancy ...,
c
a modern limited duration tenancy within the meaning of section 5A, or
d
subject to subsection (2), a repairing tenancy within the meaning of section 5C,
intends to carry out a relevant improvement.
2
Subsection (1) does not apply in respect of the landlord of a repairing tenancy in relation to which the repairing period has not expired.
3
A “relevant improvement” is an improvement specified in schedule 5 of the 1991 Act which is not intended to be carried out—
a
at the request of or in agreement with the tenant,
b
in pursuance of an undertaking given by landlord under section 49(2) (as read with section 39(3) of the 1991 Act), or
c
in pursuance of a direction given by the Scottish Ministers under powers conferred on them by or under any enactment.
4
The landlord must give notice in writing to the tenant before carrying out the relevant improvement, unless section 10F applies.
5
A notice served in accordance with this section is a “landlord improvement notice”.
6
A landlord improvement notice must be dated and state the following—
a
the names and designations of the landlord and the tenant,
b
the name (if any) and the address of the land comprised in the lease or such other description of the land as will identify it,
c
details of the intended improvement, including the manner of the improvement,
d
the landlord's reasons as to why the improvement is necessary to enable the tenant to fulfil the tenant's responsibilities to farm the land comprised in the lease in accordance with the rules of good husbandry.
7
In this section and in sections 10B to 10F, what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.
Ss. 10A-10F inserted (23.12.2016) by Land Reform (Scotland) Act 2016 (asp 18), ss. 119(4), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch. (with regs. 10, 11)
S. 6 cross-heading substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch.
Words in s. 10A(1)(b) omitted (30.11.2017) by virtue of The Land Reform (Scotland) Act 2016 (Supplementary, Consequential, Transitory and Saving Provisions) Regulations 2017 (S.S.I. 2017/416), reg. 1(1), sch. 1 para. 8(2)