Land Reform (Scotland) Act 2025

Prospective

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

(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.”.

Commencement Information

I1 S. 41 not in force at Royal Assent, see s. 47(2)