Land Reform (Scotland) Act 2025

Leases of small landholdings

1 (1) A small landholding—

(a) is the land which is comprised in a lease to which this schedule applies, and

(b) includes any right held or to be held by the tenant under the lease alone or in common with others in pasture land or common grazings.

(2) This schedule applies to a lease if—

(a) the lease—

(i) is entered into after this paragraph comes into force,

(ii) is not a sub-lease, and

(iii) includes a term that the lease is one to which this schedule applies,

(b) immediately before the coming into force of this paragraph, the tenant under the lease is a landholder for the purposes of the Small Landholders (Scotland) Acts 1886 to 1931, or

(c) the lease is one to which this schedule applies by virtue of section 32(11) of the Small Landholders (Scotland) Act 1911 (provisions as to statutory small tenants) or section 14 of the Small Landholders and Agricultural Holdings (Scotland) Act 1931 (option to statutory small tenant to become landholder).

(3) Where the small landholding is subject to a lease mentioned in sub-paragraph (2)(b), the land comprised in the lease on the day on which this paragraph comes into force includes any site which, immediately before that day, is deemed to be part of the holding to which the lease applies under section 26(1) of the Small Landholders (Scotland) Act 1911.