4(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.