Reform history

The landlord of an agricultural holding, whatever may be his estate or interest in the holding, may for the purposes of this Act give any consent, make any agreement, or do or have done to him any act which he might give or make or do or have done to him if he were the owner of the dominium utile of the holding.

- (1) Where any sum has become payable to the tenant of an agricultural holding in respect of compensation by the landlord and the landlord has failed to discharge his liability therefor within one month after the date on which the sum became payable, the Secretary of State may, on the application of the tenant and after giving not less than 14 days’ notice of his intention so to do to the landlord, create, where the landlord is the owner of the dominium utile of the holding, a charge on the holding, or where the landlord is the lessee of the holding under a lease recorded under the Registration of Leases (Scotland) Act 1857 a charge on the lease for the payment of the sum due.

- (3) Where the landlord of an agricultural holding, not being the owner of the dominium utile of the holding, has paid to the tenant of the holding the amount due to him under this Act, or under custom or agreement, or otherwise, in respect of compensation for an improvement or in respect of compensation for disturbance, or has himself defrayed the cost of an improvement proposed to be executed by the tenant, the Secretary of State may, on the application of the landlord and after giving not less than 14 days notice to the absolute owner of the holding, make in favour of the landlord a charging order charging and burdening the holding with an annuity to repay the amount of the compensation or of the cost of the improvement, as the case may be, together with the expenses of obtaining the charging order and recording it in the General Register of Sasines or registering it in the Land Register of Scotland.

#### Leases for less than year to year.

#### Determination by the Land Court under sections 4 and 5

[^key-b28d51a8c5cbd63f9b494dc43b575c24]: Word in s. 8(8)(9) substituted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [ss. 61(1)(c)](https://www.legislation.gov.uk/asp/2003/11/section/61/1/c), [95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3), [95(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(e)](https://www.legislation.gov.uk/ssi/2003/548/article/2/e) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))

[^key-1fda7aceb73596dd6b828ea5c40a03b9]: Word in s. 20(2) substituted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [Sch. para. 19(b)(ii)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/19/b/ii) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))

[^key-b6cd7524fc14ab3e77133988f2e6fdea]: Word in s. 46(3) substituted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [Sch. para. 29(b)(ii)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/29/b/ii) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))

[^key-2e1a859689ad84f5cf8e19db199feea6]: S. 62(1) substituted (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [Sch. para. 34(a)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/34/a) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))

[^key-01c26dd10750869ce67cf8963df4c816]: S. 62(5)(a)(b) substituted for words (27.11.2003) by [Agricultural Holdings (Scotland) Act 2003 (asp 11)](https://www.legislation.gov.uk/asp/2003/11), [s. 95(3)](https://www.legislation.gov.uk/asp/2003/11/section/95/3)[(4)](https://www.legislation.gov.uk/asp/2003/11/section/95/4), [Sch. para. 34(b)](https://www.legislation.gov.uk/asp/2003/11/schedule/paragraph/34/b) (with [s. 95(2)](https://www.legislation.gov.uk/asp/2003/11/section/95/2)); [S.S.I. 2003/548](https://www.legislation.gov.uk/ssi/2003/548), [art. 2(i)](https://www.legislation.gov.uk/ssi/2003/548/article/2/i) (with [Sch.](https://www.legislation.gov.uk/ssi/2003/548/schedule))

#### Consent by Land Court or arbitration on notices to quit.

#### Termination of tenancies acquired by succession.

#### Submission of questions of law for decision of sheriff.

#### Expenses and receipts.

The tenant has neither sufficient training in agriculture nor sufficient experience in the farming of land to enable him to farm the holding with reasonable efficiency.