Agricultural Holdings (Amendment) (Scotland) Act 1983



Agricultural Holdings(Amendment) (Scotland)Act 1983

1983 CHAPTER 46

An Act to amend the law relating to termination of tenancies of agricultural holdings in Scotland and to variation of rent for such holdings; and for connected purposes.

[13th May 1983]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Amendment of the Agricultural Holdings (Scotland) Act 1949 c. 75

Part I

Amendment of the Agricultural Holdings (Scotland) Act1949c. 75

S-1 Interpretation.

1 Interpretation.

1. In this Part of this Act, ‘the 1949 Act’ means the Agricultural Holdings (Scotland) Act 1949.

S-2 Variation of rent.

2 Variation of rent.

2. In section 7 of the 1949 Act (variation of rent)—

a ) in the second sentence of subsection (1)—

(i) after the word ‘shall’ there shall be inserted the word ‘normally’; and

(ii) for the words ‘the next following subsection’ there shall be substituted the words ‘subsection (2) below,’;

b ) after the said subsection (1) there shall be inserted the following subsection—

(1A) Where the evidence available to the arbiter is in his opinion insufficient to enable him to determine the rent properly payable or he is of the view that the open market for rents for comparable subjects in the surrounding area is distorted by scarcity of lets or by other factors, the rent properly payable for the purposes of subsection (1) of this section shall be the rent which he would expect to be paid, in a market which was not affected by such distortion, having particular regard to the following—

(i) information about open market rents of comparable subjects outside the surrounding area;

(ii) the entire range of offers made as regards any lease of subjects which are comparable after regard is had to the terms of that lease;

(iii) sitting tenants' rents fixed by agreement for subjects in the surrounding area which are comparable after regard is had to any element attributable to goodwill between landlord and tenant or to similar considerations; and

(iv) the current economic conditions in the relevant sector of agriculture.’;

c ) in subsection (2) for the words ‘the last foregoing subsection’ in each place that they occur there shall be substituted the words ‘subsection (1) of this section’ and
d ) in subsection (3) for the word ‘five’ there shall be substituted the word ‘three’; Provided that the foregoing provision shall have no effect where the latest date in terms of that subsection is earlier than the commencement of this Act
S-3 Restrictions on notices to quit.

3 Restrictions on notices to quit.

3. In section 25 of the 1949 Act (restrictions on operation of notices to quit), after subsection (2)(g ) there shall be inserted the following paragraph and subsection—

‘(h ) 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—

(i)under section 16 of the Succession (Scotland) Act 1964; or

(ii) as a legatee under section 20 of this Act.

(2A) Notice to quit is duly given to such tenant as is mentioned in paragraph (h ) of subsection (2) above if—

(a ) it complies with section 24 of this Act; and

(b ) it specifies as its effective date—

(i) 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;

(ii) 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.’.

S-4 Termination of tenancies acquired by succession.

4 Termination of tenancies acquired by succession.

(1) In section 26 of the 1949 Act (consents for purposes of section 25)—

(a ) in subsection (1) at the beginning, there shall be inserted the words ‘Except where section 26A(3) of this Act applies’; and

(b ) in subsection (5) after the word ‘may’ there shall be inserted the words ‘, subject to section 26A(4) of this Act,’.

(2) After section 26 of the 1949 Act there shall be inserted the following section—

S-26A

26A ‘Termination of tenancies acquired by succession.

(1) 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—

(a ) under section 16 of the Succession (Scotland) Act 1964; or

(b ) as a legatee, under section 20 of this Act.

(2) For the purposes of this section, a notice is duly given if—

(a ) it complies with section 24 of this Act;

(b ) it specifies the Case set out in the Ninth Schedule to this Act under which it is given; and

(c ) it specifies as its effective date—

(i) 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;

(ii) 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.

(3) The Land Court shall consent to the operaation of a notice duly given under this section—

(a ) 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;

(b ) 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);

(c ) 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...

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