Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
Words added by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II paras. 34, 35
S. 25 amended with the substitution of “Land Court” for “Secretary of State” by Agriculture Act 1958 (c. 71), s. 3(1)(3), Sch. I Pt. II para. 35
S. 25(1) excluded by Agriculture Act 1967 (c. 22), s. 29(4)
S. 25(2) modified by Opencast Coal Act 1958, (c. 69, SIF 86), s. 14A(6) as substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 5
Ss. 25(2)(a), 26(2)–(4), 71 and 72 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. II
Words added by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II paras. 34, 35
S. 25(2)(c) modified by Land Compensation (Scotland) Act 1973 (c. 56), s. 44(2)(3)
S. 25(2)(d) excluded by Opencast Coal Act 1958 (c. 69), s. 14(3)(9)
S. 25(2)(e) modified by Agriculture (Miscellaneous Provisions) Act 1976 (c. 55, SIF 2:1), ss. 13(4)(a), 14(1)
Ss. 25(2)(h)(2A) inserted by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 3
S. 25(3) repealed by Agriculture Act 1958 (c. 71), Sch. 3
S. 26 modified by Opencast Coal Act 1958 (c. 69, SIF 86), s. 14A(7) as substituted by Housing and Planning Act 1986 (c. 63, SIF 86), s. 39(3), Sch. 8 para. 5
S. 26(1) substituted with modifications by Agriculture Act 1958 (c. 71), s. 3(2)(3)
Words inserted by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 4(1)(a)
S. 26(1)(e) modified by Land Compensation (Scotland) Act 1973 (c. 56), s. 44(2)(3)
Ss. 25(2)(a), 26(2)–(4), 71 and 72 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. II
Words repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. II
Words inserted by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s 4(1)(b)
S. 26(6) amended with the substitution of “Land Court” for “Secretary of State” by Agriculture Act 1958 (c. 71), s. 3(1)(3), Sch. 1 para. 36
S. 26A inserted by Agricultural Holdings (Amendment) (Scotland) Act 1983 (c. 46, SIF 2:3), s. 4(2)
S. 27 substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II para. 37
S. 27(2) modified by Succession (Scotland) Act 1964 (c. 41), s. 16(6)
S. 28 substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II para. 38
S. 28: proviso added by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
S. 29 repealed by Agriculture Act 1958 (c. 71), Sch. 2 Pt. I
S. 30 substituted by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II para. 40
S. 33 excluded by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 55(6)
Notwithstanding the termination of the stipulated endurance of any lease of an agricultural holding, the tenancy shall not come to an end unless, not less than one year nor more than two years before the termination of the lease, written notice has been given by either party to the other of his intention to bring the tenancy to an end.
The provisions of this subsection shall have effect notwithstanding any agreement or any provision in the lease to the contrary.
In the case of a lease continued in force by tacit relocation the period of notice required to terminate the tenancy shall be not less than one year nor more than two years.
The provisions of the
Notice by the landlord to the tenant under this section shall be given either—
in the same manner as notice of removal under section six of the
in the form and manner prescribed by the Sheriff Courts (Scotland) Act, 1907;
and such notice shall come in place of the notice required by the said Act of 1907.
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
The provisions of this section relative to notice shall not apply—
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
to subjects let under a lease for any period less than a year, not being a lease which by virtue of section two of this Act takes effect as a lease from year to year.
Where notice to quit an agricultural holding or part of an agricultural holding is given to the tenant thereof, and not later than one month from the giving of the notice to quit the tenant serves on the landlord a counter-notice in writing requiring that this subsection shall apply to the notice to quit, then, subject to the provisions of the next following subsection, the notice to quit shall not have effect unless the Secretary of State consents to the operation thereof.
The foregoing subsection shall not apply where—
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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 his own occupation and which has been let to the tenant for a definite and limited period for cultivation as arable land on the condition that he shall, along with the last or waygoing crop, sow permanent grass seeds
the notice to quit is given on the ground that the land is required for a use, other than for agriculture, for which permission has been granted on an application made under the enact ments relating to town and country planning, or for which (otherwise than by virtue of any provision of those enactments) such permission is not required, and that fact is stated in the notice;
the Secretary of State, on an application in that behalf made to him not more than nine months before the giving of the notice to quit, was satisfied in relation to the holding that the tenant was not fulfilling his responsibilities to farm in accordance with the rules of good husbandry, and certified that he was so satisfied, and that fact is stated in the notice;
at the date of the giving of the notice to quit the tenant had failed to comply with a demand in writing served on him by the landlord requiring him within two months from the service of the demand to pay any rent due in respect of the holding, or within a reasonable time to remedy any breach by the tenant, which was capable of being remedied, of any term or condition of his tenancy which was not inconsistent with the fulfilment of his responsibilities to farm in accordance with the rules of good husbandry, and it is stated in the notice that it is given by reason of the matter aforesaid;
at the date of the giving of the notice to quit the interest of the landlord in the holding had been materially prejudiced by the commission by the tenant of a breach, which was not capable of being remedied in reasonable time and at economic cost, of any term or condition of the tenancy which was not inconsistent with the fulfilment by the tenant of his responsibilities to farm in accordance with the rules of good husbandry, and it is stated in the notice that it is given by reason of the matter aforesaid;
at the date of the giving of the notice to quit the tenant was a person who had become notour bankrupt or had executed a trust deed for behoof of his creditors, and it is stated in the notice that it is given by reason of the matter aforesaid.
subject to section 26A of this Act and to subsection (2A) below, at the date of the giving of the notice to quit the tenant was a person who after 1st August 1958 had acquired right to the lease of the holding—
under section 16 of the Succession (Scotland) Act 1964; or
as a legatee under section 20 of this Act.
Notice to quit is duly given to such tenant as is mentioned in paragraph (h) of subsection (2) above if—
it complies with section 24 of this Act; and
it specifies as its effective date—
where, when the tenant acquired right to the lease, the unexpired period of the lease exceeded two years, the term of outgo stipulated in the lease;
where, when the tenant acquired right to the lease, the unexpired period was two years or less, the term of outgo stipulated in the lease or the corresponding date in any subsequent year, being a date not less than one nor more than three years after the said acquisition.
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that the carrying out of the purpose for which the landlord proposes to terminate the tenancy is desirable in the interests of good husbandry as respects the land to which the notice relates, treated as a separate unit; or
that the carrying out thereof is desirable in the interests of sound management of the estate of which the land to which the notice relates forms part or which that land constitutes; or
that the carrying out thereof is desirable for the purposes of agricultural research, education, experiment or demonstration, or for the purposes of the enactments relating to smallholdings or such holdings as are mentioned in section sixty-four of the Agriculture (Scotland) Act, 1948 or allotments; or
that greater hardship would be caused by withholding than by giving consent to the operation of the notice; or
that the landlord proposes to terminate the tenancy for the purpose of the land’s being used for a use, other than for agriculture, not falling within paragraph (c) of subsection (2) of the last foregoing section:
Provided that, notwithstanding that they are satisfied as aforesaid, the Tribunal shall withhold consent to the operation of the notice to quit if in all the circumstances it appears to them that a fair and reasonable landlord would not insist on possession.
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Where . . .
Where, on an application by the landlord in that behalf the Secretary of State is satisfied that by reason of any change of circumstances or otherwise any condition imposed under the last foregoing subsection ought to be varied or revoked, he shall vary or revoke the condition accordingly.
This section and subsection (1) of section 25 of this Act shall apply where notice to quit is duly given to the tenant of an agricultural holding who is a near relative of the deceased tenant and has acquired right to the lease of the holding—
under section 16 of the Succession (Scotland) Act 1964; or
as a legatee, under section 20 of this Act.
For the purposes of this section, a notice is duly given if—
it complies with section 24 of this Act;
it specifies the Case set out in the Ninth Schedule to this Act under which it is given; and
it specifies as its effective date—
where, when the tenant acquired right to the lease, the unexpired period of the lease exceeded two years, the term of outgo stipulated in the lease;
where, when the tenant acquired right to the lease, the unexpired period was two years or less, the term of outgo stipulated in the lease or the corresponding date in any subsequent year, being a date not less than one nor more than three years after the said acquisition.
The Land Court shall consent to the operation of a notice duly given under this section—
where the holding was let before 1st January 1984, if they are satisfied that the circumstances are as specified in any Case in Part I of the said Ninth Schedule;
where the holding was let on or after that date and the notice specifies any of Cases 4, 5 or 7 in the said Schedule, unless the tenant satisfies them that the circumstances are not as specified in that Case (provided that, for the purposes of Case 7, the tenant shall not be required to prove that he is not the owner of any land);
where the holding was let on or after the said date, if they are satisfied that the circumstances are as specified in Case 6 in that Schedule;
Provided that, where any of Cases 1, 2, 3, 6 or 7 in that Schedule applies, the Court shall withhold consent on that ground if it appears to them that a fair and reasonable landlord would not insist on possession.
Where consent is given because the circumstances are as specified in Case 2 or 6 of the said Schedule, the Land Court shall impose such conditions as appear to them necessary to secure that the holding to which the notice relates will, within two years after the termination of the tenancy, be amalgamated with the land specified in the notice; and section 30 of this Act shall, with any necessary modifications, apply to a condition imposed under this subsection as that section applies to a condition imposed under section 26 of this Act.
Part III of the said Schedule shall have effect for the purposes of interpretation of this section and that Schedule.
An application by a landlord for the consent of the Land Court under section twenty-five of this Act to the operation of a notice to quit shall be made within one month after service on the landlord by the tenant of a counter-notice requiring that subsection (1) of that section shall apply to the notice to quit.
A tenant to whom has been given a notice to quit in connection with which any question arises under subsection (2) of section twenty-five of this Act shall, if he requires such question to be determined by arbitration under this Act, give notice to the landlord to that effect within one month after the notice to quit has been served on him; and where the award of the arbiter in an arbitration so required is such that the provisions of subsection (1) of section twenty-five of this Act would have applied to the notice to quit if a counter-notice had been served within the period limited by that subsection the period within which a counter-notice may be served under that subsection shall be extended up to the expiration of one month from the issue of the arbiter’s award.
Where such an arbitration as is referred to in the last foregoing subsection has been required by the tenant, or where an application has been made to the Land Court for their consent to the operation of a notice to quit, the operation of the notice to quit shall be suspended until the issue of the arbiter’s award or of the decision of the Land Court, as the case may be.
Where the decision of the Land Court giving their consent to the operation of a notice to quit, or the award of the arbiter in such an arbitration as is referred to in subsection (2) of this section, is issued at a date later than six months before the date on which the notice to quit is expressed to take effect, the Land Court, on application made to them in that behalf at any time not later than one month after the issue of the decision or award aforesaid, may postpone the operation of the notice to quit for a period not exceeding twelve months.
If the tenant of an agricultural holding receives from the landlord notice to quit the holding or a part thereof and in consequence thereof gives to a sub-tenant notice to quit that holding or part, the provisions of subsection (1) of section twenty-five of this Act shall not apply to the notice given to the sub-tenant; but if the notice to quit given to the tenant by the landlord does not have effect, the notice to quit given as aforesaid by the tenant to the sub-tenant shall not have effect.
For the purposes of this subsection a notice to quit part of the holding which under the provisions of section thirty-three of this Act is accepted by the tenant as notice to quit the entire holding shall be treated as a notice to quit the holding.
Where notice is served on the tenant of an agricultural holding to quit the holding or a part thereof, being a holding or part which is subject to a sub-tenancy, and the tenant serves on the landlord a counter-notice in accordance with the provisions of subsection (1) of section twenty-five of this Act, the tenant shall also serve on the sub-tenant notice in writing that he has served such counter-notice on the landlord, and the sub-tenant shall be entitled to be a party to any proceedings before the Land Court for their consent to the notice to quit.
For the purposes of paragraph (d) of subsection (2) of section twenty-five of this Act, the landlord of an agricultural holding may apply to the Land Court for a certificate that the tenant is not fulfilling his responsibilities to farm in accordance with the rules of good husbandry, and the Land Court, if satisfied that the tenant is not fulfilling his said responsibilities, shall grant such a certificate.
Where, on giving consent under section twenty-five of this Act to the operation of a notice to quit an agricultural holding or part of an agricultural holding, the Land Court imposed a condition under section twenty-six of this Act for securing that the land to which the notice to quit related would be used for the purpose for which the landlord proposed to terminate the tenancy, and it is proved, on an application to the Land Court on behalf of the Crown—
that the landlord has failed to comply with the condition within the period allowed thereby, or
that the landlord has acted in contravention of the condition,
the Land Court may by order impose on the landlord a penalty of an amount not exceeding two years’ rent of the holding at the rate at which rent was payable immediately before the termination of the tenancy, or, where the notice to quit related to a part only of the holding, of an amount not exceeding the proportion of the said two years’ rent which it appears to the Land Court is attributable to that part.
A penalty imposed under this section shall be a debt due to the Crown and shall, when recovered, be paid into the Exchequer.
The provisions of the two following subsections shall have effect where, after the commencement of this Act, notice to quit land being or comprised in an agricultural holding has been given to the tenant and at any time while the notice is current a contract is made for the sale of the landlord’s interest in the land or any part thereof.
Unless within the period of three months ending with the making of the contract the landlord and the tenant have agreed in writing whether on the making of such a contract the notice shall continue in force or be of no effect,—
the landlord shall, within the period of fourteen days from the making of the contract, or, where the notice to quit expires within the last mentioned period, before the expiration of the notice to quit, give notice in writing to the tenant of the making of the contract, and
the tenant may before the expiration of the notice to quit notify the landlord in writing that the tenant elects that the notice to quit shall continue in force, so however that the tenant shall not give a notification under this paragraph after the expiration of one month from the receipt by him of a notice under the last foregoing paragraph of the making of the contract.
In default of any such agreement or notification as aforesaid the notice to quit shall be of no effect unless the landlord has failed duly to give notice of the making of the contract and the tenant quits the holding in consequence of the notice to quit.
A notice to quit shall not be invalid by reason only that under any such agreement as aforesaid the operation of the notice is conditional.
A notice to quit part of an agricultural holding held on a tenancy from year to year given by the landlord of the holding shall not be invalid on the ground that it relates to part only of the holding if it is given—
for the purpose of adjusting the boundaries between agricultural units or amalgamating agricultural units or parts thereof, or
with a view to the use of the land to which the notice relates for any of the purposes mentioned in the following subsection,
and the notice states that it is given for that purpose or with a view to any such use, as the case may be.
The purposes referred to in paragraph (b) of the foregoing subsection are the following, that is to say—
the erection of farm labourers’ cottages or other houses with or without gardens;
the provision of gardens for farm labourers’ cottages or other houses;
the provision of allotments;
the provision of small holdings under the Small Landholders (Scotland) Acts, 1886 to 1931, or of such holdings as are mentioned in section sixty-four of the
the planting of trees;
the opening or working of any coal, ironstone, limestone, brick-earth, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connection therewith;
the making of a watercourse or reservoir;
the making of any road, railway, tramroad, siding, canal or basin, or any wharf, pier, or other work connected therewith.
Where there is given to the tenant of an agricultural holding a notice to quit part of the holding, being such a notice as is rendered valid by the last foregoing section, then, if the tenant, within twenty-eight days after the giving of the notice, or, in a case where the operation of the notice depends on any proceedings under the foregoing provisions of this Act, within twenty-eight days after the time when it is determined that the notice has effect, gives to the landlord a counter-notice in writing to the effect that he accepts the notice to quit as a notice to quit the entire holding given by the landlord to take effect at the same time as the original notice, the notice to quit shall have effect accordingly.
Where—
the tenancy of part of an agricultural holding terminates by reason of such a notice to quit as is rendered valid by section thirty-two of this Act; or
the landlord of an agricultural holding resumes possession of part of the holding in pursuance of a provision in that behalf contained in the lease;
the tenant shall be entitled to a reduction of rent, of an amount to be determined by arbitration, proportionate to that part of the holding and in respect of any depreciation of the value to him of the residue of the holding caused by the severance or by the use to be made of the part severed:
Provided that, in a case falling within paragraph (b) of this section, the arbiter, in determining the amount of the reduction, shall take into account any benefit or relief allowed to the tenant under the lease in respect of the land possession of which is resumed by the landlord.