Relinquishment and assignation 1991 Act tenancies—Scotland


Produced in partnership with Emma Robertson J of Shepherd and Wedderburn.
Practice notes

Relinquishment and assignation 1991 Act tenancies—Scotland


Produced in partnership with Emma Robertson J of Shepherd and Wedderburn.

Practice notes
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Relinquishment or assignation of 1991 Act tenancy to ‘new entrant’ or to a ‘person progressing in farming’

Sections 110 and 111 of the Land Reform (Scotland) Act 2016 came into force on 28 February 2021 inserting Part 3A into the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) providing a process whereby a tenant under a 1991 Act tenancy can relinquish their tenancy to the landlord in exchange for compensation, or if the landlord does not buy them out, allow the 1991 Act tenant to assign the tenancy to a ‘new entrant’ or to a ‘person progressing in farming’.

The provisions contained in the Agricultural Holdings (Relinquishment and Assignation) (Scotland) Regulations 2020, SSI 2020/430, (R&A Regs 2020) apply to an agricultural holding in respect of which the lease was entered into in writing:

  1. •

    before 27 November 2003, or

  2. •

    on or after 27 November 2003 but before the commencement of the tenancy, and the lease expressly states that AH(S)A 1991 is to apply to it

The Tenant Farming Commissioner (TFC) has published

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