Land Reform (Scotland) Act 2025

Succession in relation to 1991 Act tenancies

40 Notice requirements: lease of 1991 Act holding

(1) The Agricultural Holdings (Scotland) Act 1991 is modified as follows.

(2) In section 11 (bequest of lease)—

(a) in subsection (1A), for paragraphs (b) to (n) substitute—

“(aa) a spouse or civil partner of—

(i) a tenant’s descendant,

(ii) a tenant’s sibling,

(ab) in relation to a tenant’s spouse or civil partner—

(i) that person’s sibling,

(ii) a spouse or civil partner of such a sibling,

(iii) a descendant of such a sibling.”,

(b) after subsection (1A) insert—

“(1B) For the purpose of subsection (1A)—

(a) a reference to a spouse or civil partner of a person (“person A”) includes, where person A has died, a reference to a person who was the spouse or civil partner of person A immediately prior to person A’s death,

(b) two people are siblings if they have at least one parent in common,

(c) a step-child or, as the case may be, step-sibling of a person is to be treated as being the same as a child or, as the case may be, sibling of a person (and subsection (1A)(a) is to be read as if the rules of intestacy applied accordingly).”,

(c) after subsection (2) insert—

“(2A) A notice under subsection (2) must specify the legatee’s relationship to the deceased tenant.”,

(d) in subsection (3), for “date of the death of the deceased tenant” substitute “date of the deceased tenant’s death”.

(3) In section 12 (transfer of lease on intestacy), after subsection (1) insert—

“(1A) A notice under subsection (1) must specify the acquirer’s relationship to the deceased tenant.”.

41 Landlord’s objection to legatee or acquirer on intestacy: near relatives and other persons

(1) The Agricultural Holdings (Scotland) Act 1991 is modified as follows.

(2) In section 12A (landlord’s objection to legatee or acquirer on intestacy: near relative)—

(a) in subsection (2), for “1 month after” substitute “the period of 28 days beginning with the date on which”,

(b) in subsection (4)(a), for “of the notice” substitute “on which the notice is given”,

(c) in subsection (5), for “1 month after” substitute “the period of 28 days beginning with the date on which”,

(d) in subsection (7), for “, as from the date of the death of the deceased tenant.” substitute “—

(a) in the case of the legatee, as from the date of the deceased tenant’s death,

(b) in the case of the acquirer, as from the date on which the interest in the lease was transferred under section 16 of the Succession (Scotland) Act 1964.”,

(e) for subsection (8), substitute—

“(8) Where the landlord does not apply to the Land Court under subsection (5), the deceased tenant’s lease of the holding is to be binding on the landlord and the legatee or, as the case may be, acquirer, as landlord and tenant respectively

(a) in the case of the legatee, as from the date of the deceased tenant’s death,

(b) in the case of the acquirer, as from the date on which the interest in the lease was transferred under section 16 of the Succession (Scotland) Act 1964.”.

(3) In section 12B (landlord’s objection to legatee or acquirer on intestacy: other persons)—

(a) for subsection (2) substitute—

“(2) The landlord may, within the period of 28 days beginning with the date on which notice is given under section 11(2) or 12(1), give to the person a counter-notice—

(a) intimating that the landlord objects to the person’s succession to the tenancy,

(b) setting out the landlord’s grounds for objecting, and

(c) either—

(i) in the case of a legatee, declaring the bequest to be null and void, or

(ii) in the case of an acquirer, terminating the lease with effect as from such term of Whitsunday or Martinmas as the landlord specifies, being a term at least 1 year but no more than 2 years from the date on which the counter-notice is given.”,

(b) in subsection (3), for “the person may, within 1 month after” substitute “the person to whom it is given may, within the period of 28 days beginning with the date on which”,

(c) after subsection (5) insert—

“(6) Where the Land Court quashes a counter-notice under subsection (4), the deceased tenant’s lease of the holding is, accordingly, to be binding on the landlord and on the legatee or, as the case may be, acquirer, as landlord and tenant respectively—

(a) in the case of the legatee, as from the date of the deceased tenant’s death,

(b) in the case of the acquirer, as from the date on which it was transferred under section 16 of the Succession (Scotland) Act 1964.”.

42 Legatee or acquirer on intestacy: supplementary provision

(1) The Agricultural Holdings (Scotland) Act 1991 is modified as follows.

(2) In section 12C (landlord’s objection to legatee or acquirer on intestacy: supplementary provision)—

(a) for subsection (1) substitute—

“(1) From the date of the deceased tenant’s death until the conclusion of any proceedings under section 12A or 12B, the legatee or, as the case may be, acquirer is entitled to possession of the holding in question.”,

(b) for subsection (2) substitute—

“(2) But subsection (1) does not apply—

(a) where the executor in whom the deceased tenant’s interest in the lease is vested under section 14 of the Succession (Scotland) Act 1964 objects, or

(b) where, on the application of the landlord, the Land Court directs otherwise on cause shown.”.