Agricultural Holdings (Scotland) Act 2003

5 Limited duration tenancies S

(1) Where—

(a) agricultural land is let under a lease for a term of not less than [F1 10] years;

(b) the land comprised in the lease is not let to the tenant during the tenant’s continuance in any office, appointment or employment held under the landlord; and

(c) the lease does not constitute a 1991 Act tenancy,

the tenancy under the lease is, by virtue of this subsection, a limited duration tenancy.

[F2 (2) Where—

(a) at any time before the expiry of the term of a short limited duration tenancy, the landlord and tenant agree in writing to convert the tenancy to a limited duration tenancy; or

(b) the tenant remains in occupation of the land after the expiry of the term of a short limited duration tenancy of 5   years (including such a term fixed by virtue of section   4(2) or (3)) with the consent of the landlord,

the tenancy has effect as if it were for a term of 10 years commencing at the start of the term of the short limited duration tenancy, and the tenancy is, by virtue of this subsection, a limited duration tenancy.]

(3) Where subsection (5) of section 4 results in a short limited duration tenancy purporting to be for a term of more than 5 years, the tenancy has effect as if it were for a term of [F3 10] years; and the tenancy is, by virtue of this subsection, a limited duration tenancy.

(4) Without prejudice to subsections (2) and (3), where a lease constituting a tenancy of agricultural land, as described in paragraphs (b) and (c) of subsection (1), purports to be for a term of more than 5 years and less than [F3 10] years, the tenancy has effect as if it were for a term of [F3 10] years; and the tenancy is, by virtue of this subsection, a limited duration tenancy.

Textual Amendments

F1 Word in s. 5(1)(a) substituted (22.3.2011) by The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (S.S.I. 2011/232), arts. 1(1), 7(1)(a) (with art. 10)

F2 S. 5(2) substituted (22.3.2011) by The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (S.S.I. 2011/232), arts. 1(1), 8 (with art. 10)

F3 Word in s. 5(3)(4) substituted (22.3.2011) by The Public Services Reform (Agricultural Holdings) (Scotland) Order 2011 (S.S.I. 2011/232), arts. 1(1), 7(1)(b) (with art. 10)

Commencement Information

I1 S. 5 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(a) (with Sch.)