Rent (Scotland) Act 1984

Case 18 S

Where proposals for amalgamation, approved for the purposes of a scheme under section 26 of the M1 Agriculture Act 1967, have been carried out and, at the time when the proposals were submitted, the dwelling-house was occupied by a person responsible (whether as owner, tenant, or servant, or agent of another) for the control of the farming of any part of the land comprised in the amalgamation, and

(a) after the carrying out of the proposals, the dwelling-house was let on a regulated tenancy otherwise than to, or to the widow of, either a person ceasing to be so responsible as part of the amalgamation or a person who is, or at any time was, employed by the landlord in agriculture, and

(b) not later than the relevant date, the tenant was given notice in writing that possession might be recovered under this Case, and

(c) the [F1 First-tier Tribunal] is satisfied that the dwelling-house is required for occupation by a person employed or to be employed by the landlord in agriculture, and

(d) the proceedings for possession are commenced by the landlord at any time during the period of five years beginning with the date on which the proposals for the amalgamation were approved or, if occupation of the dwelling-house after the amalgamation continued in, or was first taken by, a person ceasing to be responsible as mentioned in paragraph (a) above or his widow, during a period expiring three years after the date on which the dwelling-house next became unoccupied;

and for purposes of this Case “employed” and “agriculture” have the same meanings as in the M2 Agricultural Wages (Scotland) Act 1949 and “amalgamation” has the same meaning as in Part II of the Agriculture Act 1967.

Textual Amendments

F1 Words in sch. 2 substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 31(a); S.S.I. 2017/330, art. 3, sch.

Marginal Citations

M1 1967 c. 22.

M2 1949 c. 30.