Re-registering an Agricultural Tenant's Pre-Emptive Right to Buy
Posted: Tuesday 9 March 2010
The Agricultural Holdings (Scotland) Act 2003 ("2003 Act") introduced the rights of tenant farmers to register their right to buy the land they tenant in the event that the landlord decides to sell or transfer the tenanted land. Tenants holding a tenancy under the Agricultural Holdings (Scotland) Act 1991 or general partners in a limited partnership can re-register their interest. The right to buy does not apply to tenants under short limited duration nor limited duration tenancy agreements under the 2003 Act.
Registrations are valid for 5 years from the date of registration and with many registrations now coming to an end it would be wise for tenants to consider whether they wish to re-register their interest. To re-register, the appropriate application form known as a notice of interest should be completed and submitted to the Registers of Scotland together with a fee of £25
Tenants may receive a letter from the Registers of Scotland three months before registrations expire. However, it is the responsibility of the tenant to renew the registration and the Registers are not under a legal obligation to issue such a letter.
The Registers have issued guidance notes for completion of the notice of interest and these can be found at www.ros.gov.uk/rcil.
