Agriculture (Miscellaneous Provisions) Act 1968

19 Transitional provisions for purposes of Part III.

(1) In the case of a notice to quit given by a landlord in pursuance of section 6(3) of the [1958 c. 71.] Agriculture Act 1958 to the tenant of an agricultural holding who is such a near relative of a deceased tenant as is mentioned in subsection (1) of the last foregoing section, being a notice given between 26th January 1968 and the passing of this Act so as to have effect after the passing of this Act, the said section 6(3) shall not apply and section 25(1) of the principal Scottish Act shall, subject to the following provisions of this section, apply.

(2) In the case of such a notice to quit as is mentioned in the foregoing subsection, the landlord may, within one month of the passing of this Act, notify the tenant in writing that the said section 6(3) no longer applies to the notice to quit but that, in the event of the tenant serving a notice on him under the next following subsection, he will apply for the consent of the Scottish Land Court to the operation of the notice to quit on one or more of the following grounds, being a ground or grounds specified in the notification—

(a) the matter mentioned in section 18 (2) (a) of this Act;

(b) that possession of the holding is required for the purpose of effecting an amalgamation with land specified in the notification;

(c) the matter mentioned in section 18(2)(c) of this Act;

(d) one or more of the matters set out in section 26(1) of the principal Scottish Act:

Provided that, if the landlord has not notified the tenant under this subsection within the said month, the tenant shall be deemed to have served a counter-notice under the said section 25(1), and the period of one month referred to in section 27(1) of the principal Scottish Act shall be deemed to have expired.

(3) The tenant may, within one month of being notified in accordance with the last foregoing subsection, serve a notice on the landlord requiring that the said section 25(1) shall apply to the notice to quit, and such a notice shall be deemed to be a counter-notice served under the said section 25(1) within the period mentioned therein.

(4) Notwithstanding section 26(1) of the principal Scottish Act, the Scottish Land Court shall consent under the said section 25(1) to the operation of such a notice to quit as is referred to in subsection (1) of this section if they are satisfied with regard to—

(a) the matter mentioned in paragraph (d), or

(b) the matters mentioned in paragraph (b) (i) to (iii), or

(c) the matter mentioned in paragraph (c),

of subsection (2) of the last foregoing section :

Provided that, notwithstanding that they are satisfied as aforesaid, the Court shall withhold consent to the operation of the notice if in all the circumstances it appears to them that a fair and reasonable landlord would not insist on possession.

(5) Subsections (3) to (5) of section 18 of this Act shall apply to a consent given under the said section 25(1) as applied by this section on the grounds mentioned in subsection (4) (b) of this section, as they apply to a consent given under the said section 25(1) as applied by the said section 18.