Jurisdiction(s):
United Kingdom

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Key definition

Tenant definition

What does Tenant mean? The person who takes a lease of land or premises and holds exclusive possession for a defined term, usually paying rent, under a lease or tenancy agreement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, and contrasts with a licensee (who lacks exclusive possession). Whether someone is a tenant is determined primarily by the grant of exclusive possession for a term, as recognised in case law (for England & Wales, Street v Mountford). Statutes define tenant for particular regimes, including: Housing Act 1988 (assured/AST) and Landlord and Tenant Act 1954 (England & Wales); Private Housing (Tenancies)...

Agricultural tenants’ pre-emptive right to buy in Scotland: 1991 Act tenancies, registration, triggers, exceptions, valuation, Land Court procedure, and forthcoming reforms

Published by a LexisNexis Property expert

Practice notes

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Agricultural Tenants’ right to buy

An agricultural tenant’s entitlement to purchase was established in Scotland by the Agricultural Holdings (Scotland) ACT 2003 (AH(S)A 2003). It is a pre-emptive, rather than an absolute, right to buy, because a tenant may exercise it only when the owner proposes to sell the tenanted land concerned. This Practice Note explains the right to buy as it was enacted in AH(S)A 2003. A statutory right to buy under AH(S)A 2003 applies solely to tenants whose agreements are regulated by the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991), commonly referred to as 1991 Act tenancies (see Practice Note: Agricultural holdings in Scotland—snapshot—1991 Act Tenancies). The practical background and context behind introducing the right to buy is that:

1991 Act tenancies may continue indefinitely, and
a 1991 Act tenancy markedly depresses the value to the owner of a piece of agricultural property

Ordinarily, where an owner intended to sell a property subject to a 1991 Act tenancy, they would frequently seek to negotiate with the tenant farmer so as to sell it directly to them...

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Emma Robertson

Shepherd and Wedderburn

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 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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