{
  "url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-37",
  "json_url": "https://openlegislation.uk/land-reform-scotland-act-2025/schedule-2/paragraph-37.json",
  "legislation": "asp/2025/15",
  "legislation_title": "Land Reform (Scotland) Act 2025",
  "legislation_url": "https://openlegislation.uk/land-reform-scotland-act-2025",
  "path": "schedule/2/paragraph/37",
  "kind": "paragraph",
  "number": "37",
  "heading": "Removal for breach of conditions",
  "text": "(1) The Land Court may, on the application of the landlord of a small landholding, make an order for the removal of the small landholder from the holding, if satisfied that one or more of the grounds for removal in sub-paragraph (2) is met.\n(2) The grounds for removal are that the landholder has—\n(a) failed to pay at least one year’s rent due in respect of the small landholding when it fell due,\n(b) used the holding other than for—\n(i) cultivation,\n(ii) a subsidiary or auxiliary purpose that is reasonable and not inconsistent with the cultivation of the holding, or\n(iii) a permitted diverse purpose (within the meaning of paragraph 11(3)),\n(c) failed, subject to any permitted diverse purpose (within the meaning of paragraph 11(3)), to competently cultivate the holding resulting in the dilapidation of any buildings on the holding or deterioration of the soil,\n(d) failed, in respect of any permitted diverse purpose (within the meaning of paragraph 11(3)), to comply with a condition imposed by the landlord or the Land Court under Part 4 in respect of that purpose,\n(e) failed to permit the landlord or a person authorised by the landlord to exercise rights of access in pursuance of paragraph 13,\n(f) erected or permitted the erection of a dwelling-house on the holding otherwise than in accordance with paragraph 12,\n(g) breached a term of an agreement entered into in respect of the small landholding, being a term which is for the benefit of the landlord or neighbouring small landholders which the Land Court considers reasonable in its terms,\n(h) sub-let the holding without the consent of the landlord,\n(i) entered into an arrangement purporting to assign the landholder’s interest in the small landholding otherwise than in accordance with paragraphs 29 and 30, or\n(j) become apparently insolvent within the meaning of section 16 of the Bankruptcy (Scotland) Act 2016.\n(3) Before making an order under sub-paragraph (1) the court must have regard to any representations from the small landholder.",
  "extent": "S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 37 not in force at Royal Assent, see s. 47(2)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied (with modifications) by 1911 c. 49, s. 32(14A) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    },
    {
      "type": "applied by 1931 c. 44, s. 14(3) (as inserted)",
      "affecting": "asp/2025/15",
      "affecting_title": "Land Reform (Scotland) Act 2025"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2025/15/schedule/2/paragraph/37",
    "retrieved_at": "2026-10-29T20:11:52.301495+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}