Land Reform (Scotland) Act 2025

(14) (1) The lease which gives rise to a statutory small tenancy becomes a lease of a small landholding if— (a) not later than one month before the end of the period of the tenancy, the statutory small tenant gives the landlord written notice that the tenant wishes the lease to become a lease of a small landholding, and (b) the landlord does not, before the expiry of the period of one month beginning with the day on which the notice is given, give the tenant a counter-notice stating that paragraph 27 of that schedule (in relation to rights to compensation for permanent improvements) is to apply as if the lease were a lease of a small landholding. (2) Where a lease becomes a lease of a small landholding by virtue of subsection (1), it does so on the expiry of the period of the tenancy current when the notice mentioned in subsection (1)(a) is given. (3) Where the landlord gives the tenant a counter-notice referred to in subsection (1)(b), paragraph 40 of schedule 2 of the Land Reform (Scotland) Act 2025 (in relation to rights to compensation for permanent improvements) applies to the lease of the statutory small tenancy as if the lease were a lease of a small landholding. (4) For the purposes of this section, a lease of a small landholding is a lease to which schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings) applies.

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• (1) The Succession (Scotland) Act 1964 is modified as follows.

• (2) In section 16 (provisions relating to leases)—

• (a) in subsection (2)(c), for “section 16 of the Act of 1886” substitute “paragraph 33 or 34 of schedule 2 of the 2025 Act”,

• (b) in subsection (2A), after “1991 Act tenancy” insert “or small landholding”,

• (c) in subsection (3)—

• (i) in paragraph (b)(i)—

• (A) for the words from “a petition” to “that court,” substitute “an application or appeal to the Land Court under section 12A or 12B of the 1991 Act or paragraph 33 or 34 of schedule 2 of the 2025 Act,”,

• (B) the words “the petition,” are repealed,

• (ii) in the closing words, for “the next following subsection” substitute “subsection (4)”,

• (d) in subsection (4), for “last foregoing subsection” substitute “subsection (3)”,

• (e) in subsection (8)—

• (i) the words “paragraphs (a) to (h) of section 16 of the Act of 1886,” are repealed,

• (ii) after “2003 Act,” insert “paragraphs 32(1), 33 and 34 of schedule 2 of the 2025 Act,”,

• (f) in subsection (8A)(a), after “tenancy” insert “or small landholding”,

• (g) in subsection (9)—

• (i) the definition of “the Act of 1886” is repealed,

• (ii) after the definition of “the 2003 Act” insert—

• “the 2025 Act” means the Land Reform (Scotland) Act 2025;

,

• (iii) after the definition of “lease” insert—

• “small landholding” is to be construed in accordance with paragraph 86 of schedule 2 of the 2025 Act;

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• (3) In section 29 (right of tenant to bequeath interest under lease), in subsection (2)—

• (a) the words “section 16 of the Crofters Holdings (Scotland) Act 1886 or” are repealed,

• (b) after “(asp 11)” insert “or paragraph 33 or 34 of schedule 2 of the Land Reform (Scotland) Act 2025”.

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• (1) The Crofters (Scotland) Act 1993 is modified as follows.

• (2) In section 3A (new crofts), for subsection (3)(a) substitute—

(a) the tenancy of the holding is— (i) one to which section 32 of the Small Landholders (Scotland) Act 1911 applies; or (ii) held under a lease to which schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings) applies; and

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• (1) The Scottish Land Court Act 1993 is modified as follows.

• (2) In section 1 (the Land Court), in subsection (6), for the words “or the Small Landholders (Scotland) Acts 1886 to 1931” substitute “, the Small Landholders (Scotland) Acts 1886 to 1931 or schedule 2 of the Land Reform (Scotland) Act 2025 (small landholdings)”.

Part 11 — General and interpretation

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Any term of a contract or agreement entered into by a small landholder purporting to deprive the small landholder of a right conferred on the small landholder by this schedule is void unless the contract or agreement is approved by the Land Court.

85

Any term of—

• (a) a lease to which this schedule applies, or

• (b) any agreement in connection with such a lease (other than an agreement under paragraph 74(1)),

that makes provision restricting any right of the landlord or small landholder to apply to the Land Court by virtue of this schedule to have a matter determined by the Court is, so far as it makes that provision, of no effect.

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In this schedule—

• “cultivation” means the use of land for horticulture or husbandry and references to “cultivate” are to be construed accordingly,

• “Land Court” means the Scottish Land Court,

• “Landholders Acts” means the Small Landholders (Scotland) Acts 1886 to 1931,

• “Lands Tribunal” means the Lands Tribunal for Scotland,

• “small landholder” has the meaning given by paragraph 2(1),

• “small landholding” has the meaning given by paragraph 1(1).

Community-engagement obligations in relation to large land holding

Community right to buy: registration of interest in large land holding

Modifications in connection with section 2

Lotting of large land holding

Modifications in connection with section 4

Modifications in connection with sections 2 and 4

Establishment of the Land and Communities Commissioner

Functions of the Land Commissioners: natural capital markets

Functions of the Land Commissioners: further provisions

Review of Part 1

Duty to publish model lease for environmental purposes

Duty to publish model lease for hutting

Small landholdings

Extension of Tenant Farming Commissioner’s functions

Registration of interest and right to buy

Assignation of tenancy

Assignation of limited duration tenancy

Assignation of modern limited duration tenancy

Assignation of repairing tenancy

Resumption in relation to 1991 Act tenancies

Resumption in respect of limited duration tenancies and repairing tenancies

Compensation for disturbance on resumption

Power to make provision about compensation on termination

Power to make provision about compensation on resumption

Compensation for improvements

Notice of and objection to diversification

Tenant extension notice

Determinations by Land Court

Compensation arising as a result of diversification

Resumption and termination of relevant tenancies and small landholdings

Use of land for non-agricultural purposes

Compensation for damage by game etc.

Standard claim procedure

Interest payable on compensation

Rent review: 1991 Act tenancies

Rent review: limited duration tenancies

Rent review: repairing tenancies

Rules of good estate management

Rules of good husbandry

Notice requirements: lease of 1991 Act holding

Landlord’s objection to legatee or acquirer on intestacy: near relatives and other persons

Legatee or acquirer on intestacy: supplementary provision

Succession to tenancy

Ancillary provision

Regulation-making powers

Further procedure for regulations under sections 23 and 24

Commencement

Short title

The following is the text referred to in sections 1(6) and 6(5)—

Leases of small landholdings

Persons who may be small landholders

Land which may not be, or be part of, a small landholding

Size of small landholding

Duration of lease of small landholding

Rent

Alteration of rent by agreement

Application to Land Court to fix the rent

Land Court’s power to fix the rent in connection with a ruling on diversification

Land Court’s powers in respect of rent arrears

Conditions of let

Dwelling-houses

Landlord’s right of access

Landlord’s right to use water rising on holding

Compensation for damage caused by game or game management

Diversification agreement

Notice of diversification

Request by landlord for information about proposed diversification

Landlord’s agreement or objection to notice of diversification

Negotiation of diversification agreement

Withdrawal of objection

Withdrawal or modification of conditions

Determination of Land Court in relation to objection to diversification

Diversification agreement entered into during proceedings under paragraph 23

Application by landholder to Land Court to remove conditions

Use of land other than for cultivation

Interpretation of Part

Renunciation of tenancy by small landholder

Ability to assign

Landlord’s objection to assignation

Bequest of holding

Intestate succession to holding

Landlord’s objection to successor: near relatives

Landlord’s objection to successor: other persons

Landlord’s objection to successor: right to temporary occupation

Security of tenure

Removal for breach of conditions

Resumption by landlord

Small landholder’s right to compensation

Small landholder’s right to compensation: improvements

Small landholder’s right to compensation: increase in value due to diversification

Landlord’s right to compensation

Landlord’s right to compensation: deterioration etc. of holding.

Landlord’s right to compensation: decrease in value due to diversification

Recovery of compensation: further provision

Outstanding rent

Compensation to outgoing landholder by incoming landholder

Record of condition

Application to Tenant Farming Commissioner

Appointment of valuer by Tenant Farming Commissioner

Objection to valuer appointed by Tenant Farming Commissioner

Valuer’s expenses

Assessment of compensation

Notice of assessment

Appeal against valuer’s assessment

Referral of certain matters by Lands Tribunal to Land Court

Register of Community Interests in Land: small landholders’ interests in buying land

Registration of small landholder’s interest in buying land

Owner’s challenge to registration

Duration of registration

Notice of proposal to transfer land

Transfers not requiring notice

Right to buy

Exercise of right to buy

Effect of extinguishing right to buy

Procedure for buying

Appointment of valuer

Valuation of the land

Valuation etc.: further provision

Appeal to Lands Tribunal against valuation

Referral of certain matters by Lands Tribunal to Land Court

Registration of small landholder’s interest: power to modify provisions

Interpretation of Part

Agreement to resolve matters other than by application to Land Court

Arbitration: procedure etc.

Conduct of arbitrator and setting aside of arbitrator’s award

Repeal and disapplication of existing law

Crofters Holdings (Scotland) Act 1887

Small Landholders (Scotland) Act 1911

Small Landholders and Agricultural Holdings (Scotland) Act 1931

Succession (Scotland) Act 1964

Crofters (Scotland) Act 1993

Scottish Land Court Act 1993

Restriction on contracting out of small landholders’ statutory rights

Restriction on contracting out of rights to apply to Land Court

Interpretation

Editorial notes