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The Future of Agricultural Holdings Legislation

Posted: Thursday 25 February 2010

The need for agricultural holdings legislation to encourage new entrants to the farming industry has been well voiced.  With this in mind The Tenant Farming Forum has recommended a package of measures to the Scottish Government which, if enacted into law, will hopefully enhance the confidence and security of both landlord and tenant.  The main proposals include:-

  • Reducing the minimum term of a Limited Duration Tenancy (“LDT”) to 10 years.
  • Maintaining the maximum length of a Short Limited Duration Tenancy (“SLDT”) at 5 years.
  • Allowing an SLDT to be converted to a minimum 10 year LDT at any time during the period of an SLDT by agreement between the landlord and tenant.  In such a case the 10 years will be taken to have started on the start date of the SLDT.
  • Allowing landlords and tenants to freely negotiate terms for the provision and renewal of fixed equipment.
  • Amending the law relating to Post-Lease Agreements to allow parties to consider annulment and rent adjustments to take place at the same time.

Tags: Agriculture & Rural Property

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