Jurisdiction(s):
United Kingdom

Succession and assignation of agricultural tenancies in Scotland under the 1991 and 2003 Acts: bequests, intestacy, near relatives, landlord objections and Land Court procedure

Published by a LexisNexis Property expert

Practice notes

This Practice Note explains the routes by which a Scottish agricultural tenancy may move from one holder to another, whether through lifetime assignation, or by testate or intestate succession. The steps required depend on the tenancy type—either a 1991 Act Tenancy under the Agricultural Holdings (Scotland) Act 1991 (AH(S)A 1991) or a 2003 Act Tenancy under the Agricultural Holdings (Scotland) Act 2003 (AH(S)A 2003)—whether assignation or succession is permitted, and, for succession, whether the tenant leaves a bequest in a will or dies intestate. A key rule is that, unless the landlord consents, a tenant cannot transfer an agricultural tenancy to anyone (for example, a company, society, club or firm) other than a single natural person. The Scottish Land Commission provides a helpful guide: Scottish Land Commission—A guide to–Transfer of tenancies by assignation and succession.

Succession to an agricultural tenancy under AH(S)A 1991

Testate Succession

Where the tenant is an individual, or individuals, the tenancy may pass on in their succession. Passing a tenancy by a testamentary bequest is highly uncommon, save for unwritten leases, because most leases exclude succession by legatees, which then supersedes the... Only a single natural person may receive the tenancy absent landlord consent without agreement...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

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 ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...