Land Reform (Scotland) Act 2016

94 Repairing tenancies: termination, continuation and extension

(1) The 2003 Act is amended as follows.

(2) After section 8E (as inserted by section 87) insert—

“8F Termination, continuation and extension of repairing tenancies

(1) Subject to section 8G, sections 8A to 8C apply to the termination of a repairing tenancy as to the termination of a modern limited duration tenancy.

(2) Section 8E applies to the continuation and extension of a repairing tenancy as to the continuation and extension of a modern limited duration tenancy.

8G Termination of repairing tenancies subject to break clause

(1) This section applies where the lease constituting a repairing tenancy contains a break clause by virtue of section 5C(5).

(2) At any time until the expiry of the repairing period, the tenant may terminate the tenancy 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 a date specified in the notice, which is to be no later than the expiry of the repairing period, and

(b) be given not less than 1 year nor more than 2 years before the date specified in the notice.

(4) The landlord may terminate the tenancy on the expiry of the repairing period 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 repairing period, 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 the repairing period.

(6) The landlord—

(a) may not give notice under subsection (4) on the grounds that the tenant is not farming the land in accordance with the rules of good husbandry,

(b) may give notice under subsection (4) if the tenant is otherwise failing to comply with any other provision of the lease.

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