Agricultural Holdings (Scotland) Act 1991

[F132FRestriction on notice to quit etc. where notice of intention to relinquish servedS

(1)This section applies where a tenant serves a notice of intention to relinquish.

(2)During the relevant period, sections 22 to 24 and 43 have effect in relation to the tenancy subject to the following modifications.

(3)The relevant period is the period beginning with the date of service of the notice of intention to relinquish and ending with—

(a)the date the tenancy is terminated under section 32T(2), or

(b)the date on which the period of 1 year mentioned in section 32U(2) expires.

(4)Section 22(2) has effect as if—

(a)paragraphs (a) and (b) were omitted, and

(b)for “any of paragraphs (a) to (f)” there were substituted “ any of paragraphs (c) to (f) ”.

(5)Section 24(1) has effect as if paragraph (e) were omitted.

(6)Section 43 has effect as if, for subsection (2), there were substituted—

(2)Compensation is not payable under this section where—

(a)the notice to quit relates to land being permanent pasture which the landlord has been in the habit of letting annually for seasonal grazing or of keeping in the landlord's own occupation and which has been let to the tenant for a definite and limited period for cultivation as arable land on condition that the tenant must, along with the last or waygoing crop, sow permanent grass seeds, or

(b)the application of section 22(1) to the notice to quit is excluded by any of paragraphs (c) to (f) of subsection (2) of that section..]

Textual Amendments

F1Pt. 3A inserted (23.12.2016 for specified purposes, 28.2.2021 in so far as not already in force) by Land Reform (Scotland) Act 2016 (asp 18), ss. 110(2), 130(1) (with s. 128); S.S.I. 2016/365, reg. 2; S.S.I. 2020/428, reg. 2