Land Reform (Scotland) Act 2016

92 Repairing tenancies: creation

(1) The 2003 Act is amended as follows.

(2) After section 5B (as inserted by section 85) insert—

“5C Repairing tenancies: creation

(1) Where—

(a) agricultural land is let under a lease entered into on or after the coming into force of this section for a term of not less than 35 years,

(b) the land comprised in the lease is not let to the tenant during the tenant’s continuance in any office, appointment or employment held under the landlord,

(c) the lease does not constitute a 1991 Act tenancy,

(d) the lease requires the tenant, during the repairing period, to improve the land comprised in the lease in order to bring it into a state capable of being farmed, after the expiry of the repairing period, in accordance with the rules of good husbandry, and

(e) the lease expressly states that this section is to apply to the tenancy,

the tenancy is, by virtue of this subsection, a repairing tenancy.

(2) In this Part, the “repairing period” is the period, beginning with the commencement of the tenancy, of—

(a) 5 years, or

(b) such longer period—

(i) as the landlord and tenant may agree under this paragraph or, as the case may be, under subsection (3)(a), or

(ii) as the Land Court may determine under subsection (3)(b).

(3) The repairing period may be extended at any time before its expiry—

(a) by the landlord and tenant by agreement, or

(b ) by the Land Court on the application of either the landlord or the tenant.

(4) On an application under subsection (3)(b), the Land Court may extend the repairing period—

(a) if it considers it appropriate in all the circumstances to do so, and

(b) by such period as it determines necessary in all the circumstances.

(5) A lease constituting a repairing tenancy may contain a provision that the tenancy may be terminated in accordance with section 8G (a “break clause”).

(6) In this section and section 5D, what is good husbandry is to be construed by reference to schedule 6 of the Agriculture (Scotland) Act 1948.

5D Repairing tenancies: exemption from rules of good husbandry during repairing period

(1) Where a lease constituting a repairing tenancy does not include provision mentioned in subsection (2), such provision is incorporated.

(2) The provision is that during the repairing period the tenant cannot be held liable for not farming the land comprised in the lease in accordance with the rules of good husbandry.”.