SCHEDULE 1TENANCIES WHICH CANNOT BE PRIVATE RESIDENTIAL TENANCIES
4Agricultural land
1
A tenancy cannot be a private residential tenancy if sub-paragraph (2) or (3) applies to it.
2
This sub-paragraph applies to a tenancy if the let property includes two acres or more of agricultural land.
3
This sub-paragraph applies to a tenancy if—
a
the tenancy is a relevant agricultural tenancy, and
b
the let property is occupied by the person responsible for the control (whether as tenant or as the tenant’s agent or employee) of the farming of the let property.
4
For the purposes of this paragraph—
a
“agricultural land” has the meaning given in section 115(1) of the Rent (Scotland) Act 1984,
b
“relevant agricultural tenancy” means a tenancy which falls within the definition given in the Agricultural Holdings (Scotland) Act 2003 of—
i
a 1991 Act tenancy,
ii
a short limited duration tenancy,
iii
a limited duration tenancy,
iv
a modern limited duration tenancy, or
v
a repairing tenancy.