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Key definition
Maintenance definition

What does Maintenance mean? Maintenance describes financial support paid by one person to a current or former spouse or civil partner, or for the benefit of a child, during separation, divorce/dissolution and afterwards. It is a descriptive term used across family law, with statutory regimes and case law guiding its assessment and enforcement. England & Wales and Northern Ireland: spousal/civil partner maintenance is commonly termed periodical payments, including interim “maintenance pending suit”; child maintenance/child support is primarily via the Child Maintenance Service (with court jurisdiction in limited cases, including Schedule 1 Children Act 1989 and for a “child of the family”). Scotland: support during a...

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Fixed equipment in Scottish agricultural tenancies under the Agricultural Holdings (Scotland) Acts 1991 and 2003: duties, maintenance, records and remedies

Practice notes
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The Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) requires that every tenancy created under it (1991 Act Tenancies) contains specified Maintenance obligations. Similar—though not identical—provisions appear in the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003) for short limited Duration tenancies (SLDTs) of up to five years, limited duration tenancies (LDTs) of at least ten years, and modern limited duration tenancies (MLDTs) running for ten years or more. These are collectively termed 2003 Act Tenancies. See Practice Note: Agricultural holdings in Scotland—snapshot.

Definition of fixed equipment

Section 85 of AH(S)A 1991 defines ‘fixed equipment’ to include:

  • all man-made works on the land—such as drains, bridges, fences and tracks—together with buildings and any installed machinery of whatever kind
  • anything cultivated on the land for a purpose other than use after severance, consumption of what is grown or its produce, or amenity—for example, hedges and shelter belts of trees or shrubs
  • any item may constitute fixed equipment, irrespective of how it came to be there

This definition applies across both 1991 Act Tenancies and 2003 Act Tenancies...

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Emma Robertson
Emma Robertson

Emma Robertson is accredited by the Law Society of Scotland as a Specialist in Agricultural Law. She has experience across the board in respect of all aspects of rural legal work from the purchase and sale of farms and estates to onshore renewables. Emma has a particular interest in agricultural law and acts for both landlords and tenants across Scotland. Her experience includes the preparation of new agricultural leases including 1991 Act tenancies and fixed duration tenancies, advising on aspects of tenancies including rent reviews, tenant’s improvements, the relinquishment procedure, succession and waygo....

Web page updated on 26/05/2026

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