Landlord and Tenant

Question 1

Headings found in a lease:

Answer 1

Landlord 
Tenant
Property 
Duration 
Permitted use
Rent 
Rent reviews 
Sub letting 
Repairs/renewal
Landlord responsibly
Tenant's responsibly   
Insurance 
VAT 
Access 
Termination
Record of condition 
Cost 
Consents/planning

Question 2

What legislation in the tenants amenity controlled by?

Answer 2

The Land Reform (Scotland) Act 2016 - originality a 3 year window from the 13th June 2017 - 12st December 2020. (recognize some works by the tenant as qualifying improvements for waygo compensation)

Question 3

Where to find the list of improvements

Answer 3

Schedule 5 of the AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991

Question 4

SCHEDULE 5 OF THE AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 - Part 1

Answer 4

IMPROVEMENTS FOR WHICH CONSENT IS REQUIRED

Laying down permanent pasture
making of garden
plating OF ORCHARDS OR FRUIT BUSHES

Question 5

SCHEDULE 5 OF THE AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 - Part 2

Answer 5

IMPROVEMENTS FOR WHICH NOTICE IS REQUIRED

Land drainage 
Making or removing fences, stone dykes 
Making or improving farm access 
Erection of shed 
Erection, alteration or enlargement of buildings,

Question 6

SCHEDULE 5 OF THE AGRICULTURAL HOLDINGS (SCOTLAND) ACT 1991 - Part 3

Answer 6

IMPROVEMENTS FOR WHICH NO CONSENT OR NOTICE REQUIRED

Liming - 7 years
Eradication of bracken
Laying down temporary pasture - 2 year to leaving

Question 7

process of tenants amnesty

Answer 7

TOE 
Visit farm - get recite of records 
draft up map/ docs 
send over to client
when approved and agreed with start talking with landlord recommend site visit and come to an agreement

Question 8

Tenants amnesty - dealing with unresolved Issues

Answer 8

amnesty notice in writing to the landlord
Landlord has 2 months to object in writing and why objecting to it.
tenant may within 2 months of receiving notice apply to the land court