(1)Where in respect of the tenancy of an agricultural holding—
(a)there is not in force a lease in writing; or
(b)there is in force a lease in writing, being either—
(i)a lease entered into on or after 1st November 1948, or
(ii)a lease entered into before that date, the stipulated period of which has expired and which is being continued in force by tacit relocation,
but such lease contains no provision for one or more of the matters specified in Schedule 1 to this Act or contains a provision inconsistent with that Schedule or with section 5 of this Act,
either party may give notice in writing to the other requesting him to enter into a lease in writing containing, as the case may be, provision for all of the matters specified in Schedule 1 to this Act, or a provision which is consistent with that Schedule or with section 5 of this Act; and if within the period of 6 months after the giving of such notice no such lease has been concluded, the terms of the tenancy shall be referred to [F1the Land Court].
(2)On a reference under subsection (1) above, the [F2Land Court shall in its determination] specify the terms of the existing tenancy and, in so far as those terms do not make provision for all the matters specified in Schedule 1 to this Act or make provision inconsistent with that Schedule or with section 5 of this Act, make such provision for those matters as appears to the [F3Land Court] to be reasonable.
(3)On a reference under subsection (1) above, the [F4Land Court may include in its determination] any further provisions relating to the tenancy which may be agreed between the landlord and the tenant, and which are not inconsistent with this Act.
(4)The [F5determination of the Land Court] under this section or section 5 of this Act shall have effect as if the terms and provisions specified and made therein were contained in an agreement in writing between the landlord and the tenant, having effect as from the making of the [F6determination] or from such later date as the [F6determination] may specify.
Textual Amendments
F1Word in s. 4(1) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 12(a) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F2Words in s. 4(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 12(b)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F3Words in s. 4(2) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 12(b)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F4Words in s. 4(3) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 12(c) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F5Words in s. 4(4) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 12(d)(i) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)
F6Words in s. 4(4) substituted (27.11.2003) by Agricultural Holdings (Scotland) Act 2003 (asp 11), s. 95(3)(4), Sch. para. 12(d)(ii) (with s. 95(2)); S.S.I. 2003/548, art. 2(i) (with Sch.)