Farm Tenancy Protection in Scotland: Your Rights Explained

If you rent farmland, small agricultural holdings, or farm housing in Scotland, it’s essential to know what tenancy protections apply. Farm tenancies have unique rules, and the rights you have as a tenant can differ from other types of residential lets. Understanding these can help you confidently handle issues like eviction, rent increases, or repairs.

What Is a Farm Tenancy in Scotland?

Farm tenancies generally cover agreements where land is let for agricultural use, such as farming crops or raising livestock. In Scotland, these fall under several main types:

• Secure Agricultural Tenancies (most agreements before 2003)
• Short Limited Duration Tenancies (SLDTs): up to 5 years
• Limited Duration Tenancies (LDTs): minimum of 10 years
• Modern Limited Duration Tenancies (MLDTs): from November 2017 onwards
• Small Landholdings: a unique category in certain parts of Scotland

The type of agreement you have affects your rights and protections. Agricultural and crofting tenancies are mainly governed by the Agricultural Holdings (Scotland) Act 2003 and associated amendments^[1].

Are Farm Tenancies Protected Like Other Tenancies?

Farm and agricultural tenancies are separately legislated from standard private residential tenancies, with significant differences in eviction protections, rent review, and repairs.

• Most modern private renters are covered by the Private Housing (Tenancies) (Scotland) Act 2016.
• Farm tenancies are instead regulated by the Agricultural Holdings (Scotland) Act 2003 and, if relevant, the Agricultural Holdings (Scotland) Act 1991 for older agreements.
• Crofting tenancies and small landholdings are regulated under their own legislations.

Key Protections for Farm Tenants

• Security of tenure: Most secure agricultural tenants cannot be evicted except for specific legal reasons and might have rights to succession.
• Rent review: Rent can only be reviewed at set intervals and through a formal process. Tenants can challenge rent increases at the Scottish Land Court.
• Repairs & improvements: There are obligations for landlords to maintain basic standards and for tenants to secure consent before major improvements.
• Notice and eviction: Strict notice periods and forms are required for any legal eviction.

If you live in a farmhouse as part of your employment, your rights may be different. Some farm workers have ‘service occupancies’ which offer less protection!

Official Forms You May Need

Farm tenancies make use of key statutory forms. Below are some important examples to help guide your next steps:

• Notice to Quit (Form AT6): Used by landlords to end a secure agricultural tenancy. Tenants should check the notice is valid and challenge it, if necessary, by applying to the Scottish Land Court.
  Official Notice to Quit guidance and form.
• Application forms to Scottish Land Court: Tenants can use these to seek rent review or challenge a landlord’s actions. See Scottish Land Court application forms.
• Notice of Rent Review: Both landlords and tenants must serve formal written notice to trigger a rent review. You can find details and templates in official Scottish Government guidance.

The Scottish Land Court handles most farm tenancy disputes in Scotland, including rent, repairs, and eviction challenges.

Eviction and Ending a Tenancy

Landlords cannot simply ask you to leave a farm tenancy with little or no notice. They must serve a correct Notice to Quit, and there are strict requirements for notice period and reasons. You have the right to challenge an eviction at the Scottish Land Court if you believe the notice or grounds are not valid.

If you’re not sure which tenancy type applies or need guidance with forms, speak to a trusted adviser or seek support from the court or local authority.

Taking Action: Steps for Challenging Notices

1. Read any notice or eviction letter immediately to check the details
2. Confirm your tenancy type (using your agreement or contacting a farm tenancy adviser)
3. If you wish to challenge, submit the correct form (e.g., Notice of Objection to Quit) to the Scottish Land Court before the deadline
4. Keep written copies of all communications
5. Seek advice from a reputable support or advocacy organisation for farm tenants

For any step, it’s important to act promptly, as failing to respond may impact your legal rights.

FAQ: Farm Tenancy Rights in Scotland

1. Are farm tenants in Scotland protected from eviction?
   Yes, most agricultural tenancies offer strong protection from eviction. Landlords must serve an official Notice to Quit, follow legal grounds, and in most cases, you can challenge the eviction at the Scottish Land Court.
2. Can my farm rent be increased at any time?
   No. Rent can only be reviewed at designated intervals and both parties must follow the process set out under Scottish law. If you feel a rent increase is unfair, you can apply to the Scottish Land Court for a review.
3. Which tribunal decides farm tenancy disputes in Scotland?
   The Scottish Land Court is the specialist tribunal that handles farm tenancy cases, including rent, succession, and eviction matters.
4. What if I live in a farmhouse as part of my job – do I have the same rights?
   Some farm workers have ‘service occupancies’ linked to their job, which tend to offer fewer protections than tenants under a formal farm tenancy. Your rights may differ and it’s important to check your status.
5. Where can I get official forms to challenge a landlord action?
   The official forms for Scottish farm tenancy matters, including objections and court applications, are available from the Scottish Land Court forms page or the Scottish Government’s notices guidance.

Conclusion: Key Takeaways

• Farm tenancies in Scotland are protected under distinct, strong legal frameworks.
• Your eviction, rent review, and repair rights depend on the type of agreement—always identify your tenancy type first.
• If problems arise, act quickly: review any notice, use official forms, and reach out to the Scottish Land Court or a support organisation for help.

Knowing your rights as a farm tenant gives you confidence and helps protect your home, land, or livelihood.

Need Help? Resources for Renters

• Scottish Land Court: Official tribunal for farm tenancy disputes, forms, and guidance
• Scottish Government Agricultural Holdings Policy: Latest farm tenancy rules and official documents
• Scottish Assessors Association: Help with tenancy types and boundaries
• Citizens Advice Scotland: Free support and advice on tenancy rights

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1. Agricultural Holdings (Scotland) Act 2003
2. Agricultural Holdings (Scotland) Act 1991
3. Private Housing (Tenancies) (Scotland) Act 2016
4. Official Scottish Government Guidance on Agricultural Tenancy Notices

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