Section 24 Provisions as to giving of notices to quit.

Scotland

(1)

Notwithstanding the termination of the stipulated endurance of any lease of an agricultural holding, the tenancy shall not come to an end unless, not less than one year nor more than two years before the termination of the lease, written notice has been given by either party to the other of his intention to bring the tenancy to an end.

The provisions of this subsection shall have effect notwithstanding any agreement or any provision in the lease to the contrary.

(2)

In the case of a lease continued in force by tacit relocation the period of notice required to terminate the tenancy shall be not less than one year nor more than two years.

(3)

The provisions of the M1 Sheriff Courts (Scotland) Act, 1907, relating to removings shall, in the case of an agricultural holding to which this section applies, have effect subject to the provisions of this section.

(4)

Notice by the landlord to the tenant under this section shall be given either—

(a)

in the same manner as notice of removal under section six of the M2 Removal Terms (Scotland) Act, 1886; or

(b)

in the form and manner prescribed by the Sheriff Courts (Scotland) Act, 1907;

and such notice shall come in place of the notice required by the said Act of 1907.

(5)

Nothing in this section shall affect the right of the landlord of an agricultural holding to remove a tenant whose estate has been sequestrated under the M3 Bankruptcy (Scotland) Act, 1913, or who by failure to pay rent or otherwise has incurred any irritancy of his lease or other liability to be removed.

(6)

The provisions of this section relative to notice shall not apply—

(a)

to a notice given in pursuance of a stipulation in a lease entitling the landlord to resume land for building, planting, feuing or other purposes F1(not being agricultural purposes); or

(b)

to subjects let under a lease for any period less than a year, not being a lease which by virtue of section two of this Act takes effect as a lease from year to year.

Annotations

Textual amendments

F1: Words added by Agriculture Act 1958 (c. 71), Sch. 1 Pt. II paras. 34, 35

Marginal citations

M1: 1907 c. 51.
M2: 1886 c. 50.
M3: 1913 c. 20.

Notes on the whole Act

Textual amendments

F1: Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
F2: Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)