Agricultural Holdings (Scotland) Act 2003 (asp 11)

Part 1 S Agricultural tenancies

Chapter 2 S General provision as to new types of tenancy

[F1 New types of tenancy: general provision] S

Textual Amendments

F1 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.

[F2 8D Termination of modern limited duration tenancies subject to break clause S

(1) This section applies where the lease constituting a modern limited duration tenancy contains a break clause by virtue of section 5B.

(2) The tenant may terminate the tenancy after 5 years by giving a notice under this subsection to the landlord.

(3) A notice under subsection (2) must—

(a) be in writing and state that the tenant intends to quit the land on the expiry of the period of 5 years beginning with the day the tenancy commenced, and

(b) be given not less than 1 year nor more than 2 years before the expiry of that period.

(4) The landlord may terminate the tenancy after 5 years by giving a notice under this subsection to the tenant.

(5) A notice under subsection (4) must—

(a) be in writing and state—

(i) that the tenant must quit the land on the expiry of the period of 5 years beginning with the day the tenancy commenced, and

(ii) the landlord's reasons for terminating the tenancy, and

(b) be given not less than 1 year nor more than 2 years before the expiry of that period.

(6) The landlord may give notice under subsection (4) only if the tenant—

(a) is not using the land in accordance with the rules of good husbandry, or

(b) is otherwise failing to comply with any other provision of the lease.

(7) For the purposes of subsection (6)(a), what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.]

Textual Amendments

F2 Ss. 8A-8E inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), ss. 87(2), 130(1) (with s. 128); S.S.I. 2017/299, reg. 2, sch.