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.