(1)Subject to section 20 [F1and Part 3A] of this Act and to subsections (6) and (7) below [F2and to sections [F32A] and 73 of the Agricultural Holdings (Scotland) Act 2003 (asp 11)] a tenancy of an agricultural holding shall not come to an end except by operation of a notice which complies with this subsection notwithstanding any agreement or any provision in the lease to the contrary.
(2)In this Act, a notice which complies with subsection (1) above is referred to as a “notice to quit” if it is given by the landlord to the tenant and as a “notice of intention to quit” if it is given by the tenant to the landlord.
(3)A notice complies with subsection (1) above if—
(a)it is in writing;
(b)it is a notice of intention to bring the tenancy to an end;
(c)where the notice is to take effect at the termination of the stipulated endurance of the lease, it is given not less than one year nor more than 2 years before that date;
(d)in the case of a lease continued in force by tacit relocation, it gives not less than one year nor more than 2 years’ notice.
(4)The provisions of the M1Sheriff Courts (Scotland) Act 1907 relating to removings shall, in the case of an agricultural holding, have effect subject to this section.
(5)Notice to quit shall be given either—
(a)in the same manner as notice of removal under section 6 of the M2Removal Terms (Scotland) Act 1886; or
(b)in the form and manner prescribed by the M3Sheriff Courts (Scotland) Act 1907,
and such notice shall come in place of the notice required by the said Act of 1907.
(6)Nothing in this section shall affect the right of the landlord of an agricultural holding to remove a tenant whose estate has been sequestrated under the [F4Bankruptcy (Scotland) Act 2016, the] M4Bankruptcy (Scotland) Act 1985 or the M5Bankruptcy (Scotland) Act 1913, or who by failure to pay rent or otherwise has incurred irritancy of his lease or other liability to be removed.
(7)This section shall not apply—
(a)to a notice given in pursuance of a stipulation in a lease entitling the landlord to resume land for building, planting, feuing or other purposes (not being agricultural purposes); or
(b)in relation to subjects let under a lease for any period less than a year, not being a lease which by virtue of section 2 of this Act takes effect as a lease from year to year.
Textual Amendments
F1Words in s. 21(1) inserted (28.2.2021) by Land Reform (Scotland) Act 2016 (asp 18), ss. 111(1), 130(1) (with s. 128); S.S.I. 2020/428, reg. 2
F2Words in s. 21(1) inserted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 20 (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F3Word in s. 21(1) substituted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 3(2) (with s. 128); S.S.I. 2017/299, reg. 2, sch.
F4Words in s. 21(6) inserted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 12(2) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Modifications etc. (not altering text)
C1S. 21 excluded (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 2(5), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/548, art. 2(a) (with Sch.)
C2S. 21(1)-(3) excluded (1.7.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 73(1), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/305, art. 2
C3S. 21(4)(6)(7) applied (1.7.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 73(2), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/305, art. 2
C4S. 21(5) excluded (1.7.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), ss. 73(1), 95(3), 95(4) (with s. 95(2)); S.S.I. 2003/305, art. 2
Marginal Citations