PART 2A

Sale where landlord in breach

Post-sale obligations

Restriction on notice to quit etc. where sale to third party
38N
1
This section applies where a third party buys the land comprised in the lease of a 1991 Act tenancy by virtue of an order for sale varied under section 38L.
2
During the period of 10 years beginning with the date the third party acquired title to the land, sections 22 to 24, 26 and 43 of the 1991 Act have effect in relation to the tenancy subject to the following modifications.
3
Section 22(2) has effect as if—
a
paragraphs (a) and (b) were omitted,
b
for paragraph (c) there were substituted—
c
the Land Court, on an application made—
i
by a landlord who bought the land constituting the tenancy by virtue of an order for sale varied under section 38L of the Agricultural Holdings (Scotland) Act 2003 Act,
ii
not more than 9 months before the giving of the notice to quit,
granted a certificate under section 26(1) that the tenant was not fulfilling the tenant's responsibilities to farm the holding in accordance with the rules of good husbandry,
, and
c
for “any of paragraphs (a) to (f)” there were substituted
“ any of paragraphs (c) to (f) ”
.
4
Section 24(1)(e) has effect as if, for “not falling within section 22(2)(b) of this Act”, there were substituted
“ and, in a case where the use requires permission under the enactments relating to town and country planning, such permission has been obtained ”
.
5
Section 26 has effect as if, after subsection (1), there were inserted—
1A
The Land Court must not grant a certificate under subsection (1) where subsection (1B) applies.
1B
This subsection applies where—
a
the application under subsection (1) is made by a landlord who bought the land constituting the tenancy by virtue of an order for sale varied under section 38L of the Agricultural Holdings (Scotland) Act 2003 Act (the “
2003 Act
”), and
b
the tenant's failure to farm in accordance with the rules of good husbandry is attributable to a material breach of the former landlord's obligations in relation to the tenant on the basis of which the Land Court made the order under section 84(1)(b) of the 2003 Act referred to in section 38A(1)(a) of that Act.
.
6
Section 43 has effect as if, for subsection (2), there were substituted—
2
Compensation is not payable under this section where—
a
the notice to quit relates to land being permanent pasture which the landlord has been in the habit of letting annually for seasonal grazing or of keeping in the landlord's own occupation and which has been let to the tenant for a definite and limited period for cultivation as arable land on condition that the tenant must, along with the last or waygoing crop, sow permanent grass seeds, or
b
the application of section 22(1) to the notice to quit is excluded by any of paragraphs (c) to (f) of subsection (2) of that section.
.
Pt. 2A inserted (23.12.2016 for specified purposes) by Land Reform (Scotland) Act 2016 (asp 18), ss. 100(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2, sch.