Paragraph 11 Conditions of letI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 2 para. 8(7) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 10(1) applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 14 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 74 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 75 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 76 applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 79(3)(d)
sch. 2 para. 40 applied by 1931 c. 44, s. 14(3) (as inserted) by Land Reform (Scotland) Act 2025 Sch. 2 para. 80(2)

(1)

A small landholder must comply with the conditions of let in sub-paragraph (2).

(2)

The conditions are that the small landholder—

(a)

must pay the rent due in respect of the landholder’s small landholding when it falls due,

(b)

must not use the holding other than for—

(i)

cultivation,

(ii)

a subsidiary or auxiliary purpose that is reasonable and not inconsistent with the cultivation of the holding,

(iii)

a permitted diverse purpose,

(c)

must, subject to any permitted diverse purpose, competently cultivate the holding, having regard to the rules of good husbandry,

(d)

must, in respect of any permitted diverse purpose, comply with any conditions imposed by the landlord or the Land Court under Part 4 in respect of that purpose,

(e)

must permit the landlord and persons authorised by the landlord to exercise the rights of access over the holding conferred by paragraph 13,

(f)

must not erect or permit the erection of a dwelling-house on the holding otherwise than in accordance with paragraph 12,

(g)

must not breach a term of an agreement entered into in respect of the holding, being a term which is for the benefit of the landlord or neighbouring small landholders which the Land Court considers reasonable in its terms,

(h)

must not sub-let the holding without the consent of the landlord,

(i)

must not assign the landholder’s interest in the holding otherwise than in accordance with paragraphs 29 and 30, and

(j)

must not become apparently insolvent within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016.

(3)

For the purpose of sub-paragraph (2), a “permitted diverse purpose” means a diverse purpose, within the meaning of Part 4, which is the subject of—

(a)

a diversification agreement under paragraph 16(2), or

(b)

an authorised diversification proposal within the meaning of paragraph 26(3).

(4)

The Land Court may on the application of the landlord or the landholder determine whether a subsidiary or auxiliary purpose is reasonable and not inconsistent with the cultivation of the holding.

Annotations

Commencement

I1: Sch. 2 para. 11 not in force at Royal Assent, see s. 47(2)