Section 39 Use of land for non-agricultural purposesI1

Scotland

(1)

A—

(a)

1991 Act tenancy; F1...

(b)

tenancy under a lease constituting a limited duration tenancy,

F2(c)

tenancy under a lease constituting a modern limited duration tenancy, or

(d)

tenancy under a lease constituting a repairing tenancy,

does not cease to be such a tenancy by reason only that the land is used for a non-agricultural purpose.

(2)

Any term of the lease which prohibits the use of the land for a non-agricultural purpose is of no effect.

(3)

Where—

(a)

subletting the land is prohibited (by the lease or otherwise); and

(b)

that prohibition impedes the use of the land for a non-agricultural purpose,

the tenant may, despite the prohibition, sublet the land provided that the purpose for which it is sublet is ancillary to the tenant’s use of the land for the non-agricultural purpose.

(4)

Subsections (1) to (3) do not apply if the use of the land for a non-agricultural purpose is otherwise than has been permitted under section 40 or 41.

(5)

In this section and sections 40 and 41, any reference to the land is a reference to the whole of the land comprised in the lease constituting the tenancy or any part of it.

Annotations

Textual amendments

F1: Word in s. 39(1) repealed (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(13)(a) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)
F2: S. 39(1)(c)(d) inserted (30.11.2017) by Land Reform (Scotland) Act 2016 (asp 18), s. 130(1), sch. 2 para. 7(13)(b) (with s. 128); S.S.I. 2017/299, reg. 2, sch. (with reg. 12)

Commencement

I1: S. 39 in force at 27.11.2003 by S.S.I. 2003/548, art. 2(c) (with Sch.)