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Agricultural Holdings (Amendment) (Scotland) Act 2012

The 2012 Act

3.The 2012 Act amends the law on agricultural holdings to: -

  • extend the definition of “near relative” (being the class of successors who are entitled to serve counter notice to a notice to quit) to include a grandchild of a deceased tenant farmer;

  • prohibit lease terms which provide for upward only or landlord only initiated rent reviews in Limited Duration Tenancies; and

  • provide that changes in rent resulting from the exercise or revocation of the option to tax by a landlord, or a change in the rate of VAT where such an option has effect, do not qualify as a “variation of rent” such as would prevent parties from seeking a determination from the Land Court on the rent for a period of three years.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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