Land Reform (Scotland) Act 2025

Chapter 2 Assignation

Ability to assign

29 (1) A small landholder may assign the landholder’s interest in a small landholding to any one of the persons mentioned in sub-paragraph (2) if, following notice under sub-paragraph (4), the landlord of the holding consents to the proposed assignation.

(2) The persons referred to in sub-paragraph (1) are—

(a) any person who would be, or would in any circumstances have been, entitled to succeed to the landholder’s estate on intestacy by virtue of the Succession (Scotland) Act 1964,

(b) a spouse or civil partner of—

(i) a landholder’s descendant,

(ii) a landholder’s sibling,

(c) in relation to a landholder’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.

(3) For the purpose of sub-paragraph (2)—

(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 sub-paragraph (2)(a) is to be read as if the rules of intestacy applied accordingly).

(4) A landholder who intends to assign the interest in a holding by virtue of this paragraph must—

(a) give the landlord of the holding notice in writing (referred to in this schedule as a “notice of proposed assignation”) at least 70 days prior to the date on which the assignation takes effect, and

(b) specify in the notice—

(i) the particulars of the proposed assignee (including the proposed assignee’s relationship to the landholder),

(ii) the terms upon which the assignation is to be granted, and

(iii) the date on which the assignation is to take effect.

(5) A landlord who is given a notice of proposed assignation is deemed to consent to the proposed assignation unless, within the period of 28 days beginning with the date on which the notice is given, the landlord gives the landholder a notice in writing—

(a) indicating that consent to the proposed assignation is withheld, and

(b) setting out the landlord’s grounds for withholding consent (see paragraph 30).

(6) Any term of a lease or of an agreement between a landlord and a small landholder which purports to provide that the landholder’s interest in the holding may not be assigned in accordance with this paragraph, or in accordance with an order of the Land Court under paragraph 30(6), is, in so far as it so purports, null and void.

Landlord’s objection to assignation

30 (1) Where an assignation is proposed in accordance with paragraph 29 and the proposed assignee is a near relative of the small landholder, the only grounds on which the landlord of the small landholding may withhold consent are that—

(a) the person is not of good character,

(b) the person does not have sufficient resources to be able to cultivate the holding with reasonable efficiency, or

(c) the person has neither sufficient training nor sufficient experience to be able to cultivate the holding with reasonable efficiency.

(2) But the ground of objection in sub-paragraph (1)(c) does not apply where the person—

(a) is engaged in or will begin, before the end of the period of 6 months beginning with the date on which the notice of proposed assignation is given, a course of relevant training in cultivation of land which the person is expected to complete satisfactorily within 4 years from that date, and

(b) has made arrangements to secure that the holding is cultivated with reasonable efficiency until the person completes that course.

(3) Where an assignation is proposed in accordance with paragraph 29(1) and the proposed assignee is not a near relative of the landholder, the landlord of the holding may withhold consent if there are reasonable grounds for doing so.

(4) In particular, the landlord has reasonable grounds for withholding consent where the proposed assignee—

(a) would not have the ability to pay—

(i) the rent due in respect of the holding, or

(ii) for adequate cultivation of the holding, or

(b) does not have the skills or experience that would be required properly to cultivate the holding.

(5) If a landlord gives a notice under paragraph 29(5) withholding consent to a proposed assignation, the landholder may, within the period of 28 days beginning with the date on which that notice is given, apply to the Land Court for an order authorising the proposed assignation.

(6) If, on the hearing of such an application, the Land Court is satisfied that none of the grounds for withholding consent set out in the notice under paragraph 29(5) are reasonable, it must make an order authorising the proposed assignation.

(7) In any other case, the Land Court must dismiss the application.

(8) A decision of the Land Court under this paragraph is final.

(9) For the purposes of this paragraph and paragraphs 33 and 34, a near relative, in relation to a small landholder, means—

(a) a landholder’s parent,

(b) in relation to a landholder’s child—

(i) that child,

(ii) that child’s spouse or civil partner,

(iii) a descendant of that child,

(c) in relation to a landholder’s sibling—

(i) that sibling,

(ii) that sibling’s spouse or civil partner,

(iii) a descendant of that sibling,

(d) in relation to a landholder’s spouse or civil partner—

(i) that spouse or civil partner,

(ii) that spouse or civil partner’s sibling,

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

(iv) a descendant of such a sibling.

(10) For the purpose of sub-paragraph (9)—

(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) a step-child of a person is to be treated as being the same as a child of a person.