Small landholdings in Scotland: legislation review

Review of the legislation governing small landholdings in Scotland and supporting consultation analysis.

Annex 5: Comparison of statutory small tenants to statutory landholder

Statutory Small Tenant ( SST)

Statutory Landholder


Only for the term of the lease but apart from payment of rent other conditions are statutory in 1911 Act

Under statutory conditions


Bound for any term that may be agreed upon that the Scottish Land Court may think reasonable

Yearly term with right of renewal as tenants option


Revised only at the end of the previous lease

Revisions at 7-yearly intervals


Scottish Land Court fixes an "equitable rent" - must be similar as might reasonably be looked for on the open market

Scottish Land Court fixes a "fair rent" - open market can be disregarded

Landlord's obligations

At renewal of lease period, must provide and maintain buildings and improvements necessary for cultivation of the land

None in relation to buildings or other improvements

Failure of landlord obligations

Scottish Land Court may declare the tenant as a landholder


Remove Sitting Tenant

1. Resumption

2. At the expiry of an agreed term if the Scottish Land Court is satisfied there is a reasonable objection to the tenant

3. Non-payment of rent or ease conditions or those existing at common law

Only by resumption for a reasonable purpose or by removal for breach of statutory conditions

Enlargement of Holding

Cannot obtain through Scottish Land Court

Can obtain through Scottish Land Court


Yes to member of family but not by assignation when infirm

Yes to member of family and by assignation when infirm


Claim under Agricultural Holdings Acts

Claim under 1911 Act

Vacant Holdings

Cannot be merged with any other agricultural holding without SG approval. There is no obligation to let under any particular form of tenure

Landlord cannot let out other than to another landholder for enlargement of their holding or to new landholder


Email: Claudine Duff

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